4
Canadian law defines "theft" thus:
Every one commits theft who fraudulently and without colour of
right takes, or fraudulently and without colour of right converts to
his use or to the use of another person, anything, whether animate or
inanimate, with intent
(to deprive the owner, pledge as security, mess it up)
In this case, you accepted what ...
4
No, it’s not bad
In fact it can do a great deal of good. It’s entirely possible that you will negotiate a settlement that is better for both of you than court.
Negotiations undertaken in such circumstances are inadmissible in court - the legal term is without prejudice. The reasoning is that is good public policy for parties to be able to resolve disputes ...
3
In Canada can employer force employees not to discuss wage?
No. That would violate Section 74(1) of the Employment Standards Act, 2000:
No employer or person acting on behalf of an employer shall
intimidate, dismiss or otherwise penalize an employee or threaten to
do so,
(a) because the employee,
(v.2) discloses the employee’s rate of pay ...
2
If the company does not pay the agreed sums, they have materially breached the contract. The contractor is probably allowed to rescind the contract and withhold things due under it, including both further work (if any remains) and the software. The contractor would have to notify the company of an intention to rescind. The contractor would need to give ...
2
You haven't said where you are. In England and Wales the usual practice in negotiation is that any offer is made "without prejudice". For example if you are claiming £1,000 and the defendant denies owing it they might offer you £500 to settle the claim. In this case the offer letter will have "without prejudice" in bold type at the top. This means that you ...
2
NDA
This is an “agreement to agree” and these are unenforceable because they are void for uncertainty..
Handbook
if the policy in the handbook was enforceable, would I be in breach of the contract if I didn't follow it?
Yes.
It seems unreasonable to say the handbook can be updated from time to time and that I had agreed to always follow it no ...
1
Here's the government's advice on it, from the Office of the Privacy Commissioner of Canada:
[T]here is no law prohibiting an organization from asking for a customer’s SIN, or a customer from supplying the SIN, for purposes other than income reporting.
Although we do not recommend the practice, we recognize that an organization may ask for the SIN, and ...
1
Lying is not fraud
There is no general law that prevents people from lying. Fraud is using deception to receive an advantage - if the director said the would pay by a certain date in order to get something from the contractor and at that time they had no intention of doing so, then that could be fraud. However, you can see how difficult it would be to prove ...
1
No, a breach by one party does not relieve the other party of their obligations
If the contractor is contractually obliged to hand over the IP then they have to do so or breach the contract. The fact that the other party may (or may not) be in breach doesn't change that. The remedy for a breach of contract is damages, not a relief of obligations.
...
1
Is it bad to have communication with opposing party outside of court?
Communication outside the court is not necessarily a bad idea. However, it is in your best interest to ensure that those communications be always in writing or --subject to any consent rules that may apply in your jurisdiction-- recorded. That is especially recommendable if you have ...
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