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Tort Claims

Can a corporate employer sue a former employee for defamation?

Jurisdiction: - British Columbia - United States

In a paper they presented at the CLEBC Employment Law Conference 2013 (held on May 9 - 10, 2013 in Vancouver), Mark Hamilton and Scott MacDonald addressed whether a corporate employer can sue a former employee for defamation for making disparaging claims against their former employer.

Mr. Hamilton and Mr. MacDonald are lawyers at Richards Buell Sutton LLP in Vancouver. The title of their paper was: "Potential Claims Against Departing Employees Without Written Agreements".

Based on their paper and presentation, here are some points of note:  read more »

Ontario Court of Appeal recognizes tort of invasion of personal privacy in case involving two BMO employees

Jurisdiction: - Ontario

In a decision issued on January 18, 2012 - Jones v. Tsige, 2012 ONCA 32 - the Ontario Court of Appeal recognized the tort of invasion of personal privacy in case involving two BMO employees.

The court then awarded $10,000 in damages to the employee whose privacy has been breached.

For more background on this case, see my May 9, 2011 post here: "Ontario Court of Appeal to consider tort of invasion of privacy in work context case".

Entire agreement clause prohibits former CEO's claims for collateral agreement and negligent misrepresentation

Jurisdiction: - Ontario

In McNeely v. Herbal Magic Inc., 2011 ONSC 4237 the court ruled that an "entire agreement" clause in the employment contract (and in another agreement) was fatal to a former president and CEO's claim for damages for breach of a collateral agreement and for negligent misrepresentation against the company that he used to work for and that had terminated his employment.

The tort of "inducing breach of contract" vs. the tort of "intentional interference with contractual relations"

Topics: - Tort Claims

What is the difference between the tort of "inducing breach of contract" as to the tort of "intentional interference with contractual relations"?

This question was addressed recently by Nikolay Chsherbinin in an article he wrote entitled, "When employees cross the street".

The article was published in the summer 2011 edition of the Canadian Corporate Counsel Association magazine. Mr. Chsherbinin is a lawyer at Grosman, Grosman & Gale LLP in Toronto. The firm's website states that he is currently working on his first legal book, The Law of Inducement in Canadian Employment Law.

As set out in the article, the scope, elements and rationale of each tort are different:

Tort of inducing breach of contract

The "new" employer must have intended to and actually procured a breach of the employee's contract with the "old" employer. That is, the new employer persuades an employee to breach his employment contract with his old employer.  

Tort of intentional interference with contractual relations  read more »