AuthorPaul Wearing
administrative tribunal. See workpl ace administrative tribunal.
adavit of documents. Disclosure of all documents relevant to any
matter at issue in a lawsuit that are or have been in the party’s posses sion,
control, or power.
balance of probabilities. Rule about the proof of facts. The party with the
burden of proof, usually the plainti except in certain matters before the
Ontario Labour Relations Board, must persuad e the court or tribunal that
the facts in dispute are more likely than not to have occurred.
breach of contract. In the employment context, violation of one of the
express or implied terms of an employment contract.
common law. Law decided by judges, rooted in English history, applying
custom, legal precedent (other judges’ decisions), and the interpretation
of statute s.
constructive dismissal. Deemed termination of employment as a result
of an employer’s unilateral material changes to an employment agree-
ment without approval from the employee.
covenant. Written agreement, between two parties, promising to do or
refrain from doing a specif‌ied act. A covenant in an employment agree-
ment is most commonly referred to as a non-solicitation or non-com-
petition covenant.
defendant. See plainti.

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