Rocking the boat

Two recent decisions by Ontario courts leave established principles in employment contracts and discrimination unsettled

All aspects of case law, as in employment law, rely on precedents, or established principles that arise out of previous judgments. Precendents are the foundation upon which future decisions are based and referenced, which allows some consistency in the development of where the law stands on issues. Sometimes, if judgments don’t follow precedents, it can be a reflection of the changing times or a re-igniting of a debate on the issue. If this happens, it can mean a period of uncertainty on where the law stands.

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