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Employee cannot rely on abandoned contract terms after accepting new compensation arrangement.
A former contractor sought payment of unpaid commissions and bonuses allegedly owed under a consulting agreement containing an entire agreement clause requiring written amendments.
The defendant employer argued that the parties had subsequently altered their compensation structure through conduct and oral arrangements.
The court held that the parties had mutually abandoned key compensation provisions of the written agreement and implemented a different structure through invoices and payments over time.
The plaintiff knowingly waived his contractual rights and could not revert to the original terms after accepting the revised arrangement.
The action for unpaid compensation was dismissed and the defendant’s counterclaim for solicitation was also dismissed for lack of proof.
Appeal dismissed as guarantee and chattel mortgage were continuing obligations not extinguished by financial agreement.
The appellants appealed a judgment finding that their dealings with the respondent bank did not result in a final arrangement.
The Court of Appeal dismissed the appeal, holding that it was open to the trial judge to find no final arrangement was reached.
Alternatively, the court found that the guarantee and chattel mortgage were continuing obligations that were not extinguished by the December 1999 financial agreement.
Adjudicator lacks jurisdiction to reconsider prior merits decision in Employment Standards Act appeal.
The applicant employee appealed an Employment Standards Officer's refusal to issue an Order to Pay.
In a prior decision, an adjudicator found the applicant was terminated without notice and entitled to termination and severance pay, leaving quantum to be determined.
At the hearing to determine quantum before a new adjudicator, the employer sought to introduce a new jurisdictional argument that the applicant worked in New York, not Ontario.
The adjudicator ruled he had no jurisdiction to reconsider the prior decision on the merits, as adjudicators under the pre-amendment Employment Standards Act lacked reconsideration powers and were functus officio.
Even if jurisdiction existed, the request was untimely and prejudicial.
The parties subsequently agreed on quantum, and the employer was ordered to pay eight weeks' termination pay.
