Much was made of these new provisions, but commentators recognise that they merely repeat what was previously
enforceable at common law.
Not exact matches
When an employee's employment is terminated without cause, in the absence of an
enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment
at common law.
Accordingly under these two Acts, as well as
at common law, non-money judgments and interim orders, including injunctions, are not
enforceable.
What is more, in Ms. Redko's view, because of the problem of state action, the principle would not apply in the same way in the provinces where agreements to arbitrate and choice of forum clauses are
enforceable pursuant to legislation and those where they are so
at common law.
At common law, the rule on whether or not a fee for breaching a term of a contract is
enforceable depends on whether the fee is a penalty (in which case the fee is not
enforceable) or liquidated damages (in which case it is
enforceable).