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Flashcards in Cases Deck (9):
1

King vs. Biochem (QC superior court) (Employment)

- King was fired for insubordination and lack of respect
- Two verbal warnings with reasonable
- Burden of proof on EER to explain. No proof of written and no serious reason.

Decision: King awarded indemnity plus interset on 12 months salary.

2

Dubé vs. Volcano (QC superior court) Employment

- fire with only 2 weeks severance pay
- terms indicated only 2 weeks
- Indeterminate contract: Yes
- Can they fire him: yes
- Economic reason sufficient: No
- 2 weeks reasonable: can't waive right to reasonable notice (45 days)

Volcano must pay indemnity in lieu of reasonable notice

3

Hassannie v Kaufel Group (QC Superior Court) Employment

- contract was being terminated following a buyout
- T&B noticed disloyalty (hassanie tried to buyout competing co) and fired him without sevrance
- T&B required to maintain yes
- Severance package, under contract yes
- Right to fire yes, EEE was placing interests above. Fiduciary duty

T&B wins, not required to pay indemnity or damages

4

Copyfax v. Lambert (QC Superior Court) Employment

- signed non-competition clause
- serious reason: yes
- injunction against his ability to work is denied. non-competition clause denied
- interlocutary injunction against his use of confidential information granted

5

A.R. Medicom vs Bergeron (QC Superior Court) (Employment)

Between Bergeron and Hubert, both have non competition clauses. Court rejects their employer’s request to enforce clause.

non-competition clause
writing: yes
time/place: yes
legitimate interest: yes
Limitations reasonable: no, world-wide and canada, unable to work anymore.

Not passed, neither bergeron or hubert are bound by the clause

6

Giroux vs. Malik (Contracts)

-Malik informed agents about issue with land
- giroux says he didn't know
- malik did not tell giroux directly. Relative nullity, contract called.
- Giroux gets money back, Giroux awared damages

7

Peter vs Fiasche (Contracts)

- long time friends
- tax evasion
- vitiated by G's error: consicous of wrongful choice, inexcusable error
- illegal contact is null
- contract never existed
- Fiasche asked to pay back the $100k deposit

8

Carrefour Langelier vs Cineplex Odeon, Contracts

- fearful, vitated by fear, can't be used
- specific performance: not impossible to perform, successive performance, perished and

Guzzo must operate as Cineplex Odeon

9

Copiescope vs TRM (Contracts)

- trm got interlocutary inunction against copescope
- adhesion, excessive non-comp clause
- copiescope can sell again