George Avraam

Managing Partner, Baker & McKenzie Toronto; Trial and appellate litigator at @bakermckenzie. Admin & Public law. Labour & Employment law.

[George Avraam @AvraamGeorge]

Don’t think that’s right anymore. You can have a termination clause that is superior to the ESA but less than common law. If another provision of the contract, for example, a just cause provision in the agreement that is inconsistent with the ESA, the term provision is also vulnerable, thereby entitling the employee to CL notice. The case law on this has, in my view, moved beyond minimum ESA entitlements in Ontario and entered the area of absurdity.

[George Avraam @AvraamGeorge]

@TheLawofWork @cloudycanuck Sure. But we don't know what this contract says about the process involved before it gets legislated. It's the only thing that comes to mind.

[George Avraam @AvraamGeorge]

@TheLawofWork I suspect the underlying contract between them could be the issue. It may have a clause prohibiting legislation like this without consultation or a negotiation and agreement.

[George Avraam @AvraamGeorge]

@WHOOP @mweinbach I tried this today and had the exact same issue. Save failed. Tough to swallow given the hype and subscription fee.

[George Avraam @AvraamGeorge]

@beidelson Well done. I was playing with it and it is sharp. Any plans for this to search non-US online cases, such as Canada?

[George Avraam @AvraamGeorge]

@schchtr I think that’s the point though. The privacy tort is still new. I suspect the SCC is waiting for more case law to develop in the lower courts before it takes this on.

[George Avraam @AvraamGeorge]

Congratulations @cynthiabkuehl !

[George Avraam @AvraamGeorge]

@AndrewBernstei9 @Honickman @RunnymedeSoc But aren’t those groups effectively homogeneous?

[George Avraam @AvraamGeorge]

@TheLawofWork Although the challenge to non-competes for a sale of a business will be more difficult to challenge.

[George Avraam @AvraamGeorge]

@TheLawofWork There still needs to be a proprietary interest that can’t be protected by a non-solicitation or confidentiality clause. And even then, the geographic and temporal scope must be reasonable. Executives can challenge these regardless of the ESA.

[George Avraam @AvraamGeorge]

@TheLawofWork You have been too focused on termination clauses.

[George Avraam @AvraamGeorge]

@TheLawofWork I think so but I thought other clauses were enforceable too! But it also depends on whether there are other unenforceable clauses in the contract too given recent case law.

[George Avraam @AvraamGeorge]

@AndrewBernstei9 App called Lensa.

[George Avraam @AvraamGeorge]

@TheLawofWork @LawyerBuchanan @CostaLaw They sought leave to SCOTUS on both speech and religion. SCOTUS only granted on speech.

[George Avraam @AvraamGeorge]

@MargoRusconi @KSVesq @steve_vladeck I am a father of 3 girls. @MargoRusconi speaks the truth.

[George Avraam @AvraamGeorge]

@cjmandell

[Ethan Mollick @emollick]

If you are out of ideas, go for a walk.

This paper found walking (whether outdoors or a treadmill) increased key types of creative thinking for over 80% of undergraduates. The reasons are not fully clear, but there seem to be direct effects on the brain. https://t.co/0EDfpzyf8j

[George Avraam @AvraamGeorge]

@JOpolsky Under that theory, we should get rid of the QWERTY keyboard. Then we would all be in trouble. https://t.co/dq91QTOVgy

[George Avraam @AvraamGeorge]

We @BakerMcKenzieCa have shut down our office to give our people the opportunity to reflect on the meaning of today and on what Truth & Reconciliation really means. #everychildmatters #truthandreconciliation.

[Baker McKenzie Canada @BakerMcKenzieCa]

In advance of #OrangeShirtDay (for which we will be closing to reflect on the painful impact of residential schools and to honour the National Day for Truth & Reconciliation), the office has gathered to screen @CBCManitoba’s “We Know the Truth: Stories to Inspire Reconciliation”.

[George Avraam @AvraamGeorge]

We are thrilled to welcome our talented first year associates.

[Baker McKenzie Canada @BakerMcKenzieCa]

We're very pleased to welcome back our articling students as first year associates. It's been a special year, and we're grateful to call you "colleagues" once again!