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The Law of Inducement in Canadian Employment Law
By: Nikolay Y. Chsherbinin, B.Comm., LL.B., LL.M.
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"Straightforward analysis of a complex area of law. A recommended read for every employment law practitioner". Mr. Fateh Salim, LLB (Windsor), LLM (Toronto) Lawyer, Toronto, Ontario "This thoughtful book is a must have in every serious employment lawyer's library – a concise analytical clarification of an area of the law which has historically been confused and confusing." William Gale Grosman, Grosman & Gale LLP Employment and Labour Lawyers The Law of Inducement in Canadian Employment Law is the only work of its kind to focus on the past and current state of the law of inducement in the context of employment law. It offers both theoretical analysis and practical advice to practitioners in this evolving area of law. This comprehensive text covers the following topics:
  • The difference between the law of torts and the law of contract
  • Overview of the roots and history of the tort of inducing breach of contract
  • Expansion of the scope of the tort of inducing breach of contract
  • Examination of recent English and Canadian jurisprudence
  • Reviews the scope and elements of the economic torts
  • Avoiding/attracting liability of inducing breach of contract
  • Discusses and contrasts the equitable doctrine of knowing assistance with breach of trust with common law tort of inducing breach of contract
  • Reviews geographical limits and mitigation of damages in the context of tort of inducing breach of contract liability
  • Application of duty of good faith and fair dealing to the inducement scenarios
  • How employers can prevent and remedy their economic loss caused by departing ex-employees
  • Provides sample pleadings for economic torts:
    • Tort of Inducing Breach of Contract
    • Tort of Causing Loss By Unlawful Means
    • Tort of Intentional Interference with Contractual Relations
    About the Author
    Nikolay Y. Chsherbinin, B.Comm., LL.B., LL.M., specializes in employment law and economic torts. He represents both employees and employers in all aspects of employment relationship. In 2011, 2012 and 2013, he was named one of Canada's Top Employment Law Practitioners in the Canadian HR Reporter special edition of Canada's Top Employment Law Practitioners. Mr. Chsherbinin regularly contributes to leading trade publications across Canada and is the author of "Labour Pains", a regular employment law column in Law Times (Ontario). Mr. Chsherbinin has successfully appeared as counsel in matters before the Ontario Superior Court of Justice, the Ontario Divisional Court, the Federal Court of Canada and the Ontario Human Rights Tribunal. To learn more about Mr. Chsherbinin, please visit his website.
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