At least it gives the employee something more than just wages for the notice period, the
classic common law remedy which is in general reaffirmed by this case.
Breach of CRA 2015 terms may entitle rights to repeat performance (within a reasonable time and without significant inconvenience to the consumer unless conformity with the contract is impossible) or price reduction but without prejudice to
common law remedies.
Although statutory liability has been created around this in Manitoba,
no common law remedy exists elsewhere in Canada.
Three of the decisions involve classic preemption cases, i.e. whether a statute enacted by Congress overrides a conflicting state statute or
common law remedy.
While the unjust dismissal provisions of the CLC displace the employer's common law right to dismiss employees without cause and without reasons, federally - regulated employers should be aware that non-unionized employees who are nonetheless dismissed without cause can opt to pursue
the common law remedy of reasonable notice of termination or pay in lieu via a civil action in court.
... as the law has developed it would not be appropriate to deny to plaintiffs in this province
a common law remedy available to plaintiffs in other provinces and in other common law jurisdictions.
Basically, general maritime law includes
the common law remedies that are available for maritime accidents.
Protection of those privacy interests by providing
a common law remedy for their violation would be consistent with the Charter values and an «incremental revision» and logical extension of the existing jurisprudence.
In order to provide near certain relief for employees injured in the course of employment, the Idaho Worker's Compensation Act withdrew
the common law remedies workers traditionally held against their employers.