Fixed Term Employment Contract? Better Prove It! When is a fixed term employment contract not enforceable? A recent decision of the Ontario Superior Court in Tossonian v. Cynphany Diamonds Inc. addressed this issue. The court held that the fixed term...
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Fixed Term Employment Contract? Better Prove It! When is a fixed term employment contract not enforceable? A recent decision of the Ontario Superior Court in Tossonian v. Cynphany Diamonds Inc. addressed this issue. The court held that the fixed term guarantee was not part of the original deal between the parties and threw out that part of the contract. The plaintiff was still awarded wrongful dismissal damages but they were much lower than they would have been if the employment contract had been enforceable. The plaintiff, Razmig Tossanian, moved from Vancouver, B.C. to accept a position at Cynphany Diamonds in Toronto. According the trial decision, the plaintiff was looking for an opportunity to move his family to Toronto. After lengthy negotiations, he accepted an email offer of employment that purported to be based on an oral agreement. The email set out the various terms that had been agreed upon, but made no mention of a five year fixed term. The plaintiff did not respond in writ
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