Causes of Action (20:App G) - Revision history

Nate Russell: /* b) Breach of Employment Contract (implied terms) */

2025-11-27T19:14:46Z

b) Breach of Employment Contract (implied terms)

← Older revision		Revision as of 19:14, 27 November 2025
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	The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.		The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.

	The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions ''[https://~~www.~~canlii.~~org/en/bc~~/~~bcsc~~/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1\| Suleman v. British Columbia Research Council]'', (1989) 38 B.C.L.R. (2d) 208 (B.C. S.C.); reversed on other grounds [https://canlii.ca/t/1d7px (1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.		The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions ''[https://canlii.ca/t/216r7 Suleman v. British Columbia Research Council]'', (1989) 38 B.C.L.R. (2d) 208 (B.C. S.C.); reversed on other grounds [https://canlii.ca/t/1d7px (1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.

	===== '''Defences:''' =====		===== '''Defences:''' =====

LSLAP at 19:42, 13 October 2025

2025-10-13T19:42:34Z

← Older revision		Revision as of 19:42, 13 October 2025
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	{{REVIEWED LSLAP \| date= July ~~31, 2024~~}}		{{REVIEWED LSLAP \| date= 11 July 2025}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP: /* b) Breach of Employment Contract (implied terms) */

2025-09-29T22:23:46Z

b) Breach of Employment Contract (implied terms)

← Older revision		Revision as of 22:23, 29 September 2025
Line 24:		Line 24:
	The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.		The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.

	The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions ''[https://www.canlii.org/en/bc/bcsc/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1\| Suleman v. British Columbia Research Council]'', (1989) 38 B.C.L.R. (2d) 208 (B.C. S.C.); reversed on other grounds [https://~~www.~~canlii.~~org/en/bc~~/~~bcca~~/~~doc/1990/1990canlii746/1990canlii746.html\|~~(1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.		The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions ''[https://www.canlii.org/en/bc/bcsc/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1\| Suleman v. British Columbia Research Council]'', (1989) 38 B.C.L.R. (2d) 208 (B.C. S.C.); reversed on other grounds [https://canlii.ca/t/1d7px (1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.

	===== '''Defences:''' =====		===== '''Defences:''' =====

LSLAP: /* b) Breach of Employment Contract (implied terms) */

2025-09-29T22:23:05Z

b) Breach of Employment Contract (implied terms)

← Older revision		Revision as of 22:23, 29 September 2025
Line 24:		Line 24:
	The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.		The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.

	The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions ''[https://www.canlii.org/en/bc/bcsc/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1\|Suleman v. British Columbia Research Council]'', (1989) 38 B.C.L.R. (2d) 208 (B.C. S.C.); reversed on other grounds [https://www.canlii.org/en/bc/bcca/doc/1990/1990canlii746/1990canlii746.html\|(1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.		The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions ''[https://www.canlii.org/en/bc/bcsc/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1\| Suleman v. British Columbia Research Council]'', (1989) 38 B.C.L.R. (2d) 208 (B.C. S.C.); reversed on other grounds [https://www.canlii.org/en/bc/bcca/doc/1990/1990canlii746/1990canlii746.html\|(1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.

	===== '''Defences:''' =====		===== '''Defences:''' =====

LSLAP: /* b) Breach of Employment Contract (implied terms) */

2025-09-29T22:22:47Z

b) Breach of Employment Contract (implied terms)

← Older revision		Revision as of 22:22, 29 September 2025
Line 24:		Line 24:
	The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.		The courts cannot enforce statutory rights such as those found in the ''Employment Standards Act'', as the Employment Standards Branch was created to rule on these types of claims and has exclusive jurisdiction over them. However, many parallel rights exist at common law and may be enforced by the courts. At common law, employment contracts contain numerous implied terms that are actionable through Small Claims, such as the requirement to give reasonable notice or payment in lieu upon the termination of an employee. Many employment contracts include express terms regarding notice which can override common law implied terms.

	The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions [https://www.canlii.org/en/bc/bcsc/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1\|''Suleman v. British Columbia Research Council'' (1989), 38 B.C.L.R. (2d) 208 (B.C. S.C.)]; reversed on other grounds [https://www.canlii.org/en/bc/bcca/doc/1990/1990canlii746/1990canlii746.html\|(1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.		The fact that no written employment contract was signed does not disqualify an employee or former employee from claiming for breach of these terms. This is because an employee who is an "employee" under employment standards legislation will be entitled to the benefit of the statutory minimum notice provisions ''[https://www.canlii.org/en/bc/bcsc/doc/1989/1989canlii2778/1989canlii2778.html?searchUrlHash=AAAAAQBVU3VsZW1hbiB2LiBCcml0aXNoIENvbHVtYmlhIFJlc2VhcmNoIENvdW5jaWwgKDE5ODkpLCAzOCBCLkMuTC5SLiAoMmQpIDIwOCAoQi5DLiBTLkMuKQAAAAAB&resultIndex=1\|Suleman v. British Columbia Research Council]'', (1989) 38 B.C.L.R. (2d) 208 (B.C. S.C.); reversed on other grounds [https://www.canlii.org/en/bc/bcca/doc/1990/1990canlii746/1990canlii746.html\|(1990), 52 B.C.L.R. (2d) 138 (B.C. C.A.)]. See [[Introduction_to_Employment_Law_(9:I)\|Chapter 9: Employment Law]] for more details.

	===== '''Defences:''' =====		===== '''Defences:''' =====

LSLAP: /* a) Breach of Contract */

2025-09-29T22:22:00Z

a) Breach of Contract

← Older revision		Revision as of 22:22, 29 September 2025
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	==== a) Breach of Contract ====		==== a) Breach of Contract ====
	Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law. To bring a claim for breach of contract, a party must demonstrate that the other party failed to perform a contractual obligation. Depending on the type of term that is breached, the other party may be able to “terminate” the contract. Terms that go to the heart of a contract are usually called “conditions”. Breach of a condition by one party entitles the other party to terminate the contract and end their obligations. A party is also able to terminate the contract in the event of a fundamental breach, which is a breach so significant that it deprives the innocent party of the entire benefit of the contract [https://canlii.ca/t/jdvb9 Svenson v. Powell, 2021 BCCRT 318]. Less important terms are called “warranties”. Breach of a warranty does not give the other party a right to terminate. However, the party not in breach can still sue the other party for breach of contract [https://canlii.ca/t/jmq7t Ketchum v. Nordblad, 2022 BCCRT 223].		Contract law governs voluntary relationships between parties. It is a complicated and nuanced area of the law. To bring a claim for breach of contract, a party must demonstrate that the other party failed to perform a contractual obligation. Depending on the type of term that is breached, the other party may be able to “terminate” the contract. Terms that go to the heart of a contract are usually called “conditions”. Breach of a condition by one party entitles the other party to terminate the contract and end their obligations. A party is also able to terminate the contract in the event of a fundamental breach, which is a breach so significant that it deprives the innocent party of the entire benefit of the contract ''[https://canlii.ca/t/jdvb9 Svenson v. Powell]'', 2021 BCCRT 318. Less important terms are called “warranties”. Breach of a warranty does not give the other party a right to terminate. However, the party not in breach can still sue the other party for breach of contract ''[https://canlii.ca/t/jmq7t Ketchum v. Nordblad]'', 2022 BCCRT 223.

	===== '''Defences:''' =====		===== '''Defences:''' =====

LSLAP at 17:55, 7 August 2024

2024-08-07T17:55:15Z

← Older revision		Revision as of 17:55, 7 August 2024
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	{{REVIEWED LSLAP \| date= ~~June 24~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= July 31, 2024}}
	{{LSLAP Manual TOC\|expanded = smallclaims}}		{{LSLAP Manual TOC\|expanded = smallclaims}}

LSLAP: /* 3) Excluded Causes of Action */

2024-08-01T01:06:20Z

3) Excluded Causes of Action

← Older revision		Revision as of 01:06, 1 August 2024
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	*'''Innocent misrepresentation''' – where the defendant made the untrue statement in the genuine belief that it was true. This form of misrepresentation is the easiest to prove, but it may only be claimed in contract law, so the remedy for a successful claim is always the setting aside of the contract (rescission).		*'''Innocent misrepresentation''' – where the defendant made the untrue statement in the genuine belief that it was true. This form of misrepresentation is the easiest to prove, but it may only be claimed in contract law, so the remedy for a successful claim is always the setting aside of the contract (rescission).

	=== 4) Excluded Causes of Action ===		=== 3) Excluded Causes of Action ===

	Certain causes of action are outside the jurisdiction of Small Claims, including:		Certain causes of action are outside the jurisdiction of Small Claims, including:

LSLAP: /* 2) Rare Causes of Action */

2024-08-01T01:05:53Z

2) Rare Causes of Action

@@ Line 70: / Line 70: @@
 ==== f) Unjust Enrichment ====
 Where the defendant was enriched by committing a wrong against the claimant, the claimant suffered a corresponding loss, and there was no juristic reason for the enrichment.
 === 4) Excluded Causes of Action ===

LSLAP: /* 3) Causes of action to see a lawyer about */

2024-08-01T01:05:32Z

3) Causes of action to see a lawyer about

@@ Line 71: / Line 71: @@
 ==== f) Unjust Enrichment ====
 Where the defendant was enriched by committing a wrong against the claimant, the claimant suffered a corresponding loss, and there was no juristic reason for the enrichment.
 === 4) Excluded Causes of Action ===