Can an arbitration clause be incorporated by reference from an employment contract?
British Columbia, Canada
The following excerpt is from One West Holdings Ltd. v. Greata Ranch Holdings Corp., 2013 BCSC 1570 (CanLII):
Arbitration clauses can be incorporated by reference. For example, in Ferrari v. University of British Columbia, 2012 BCSC 1173, the plaintiff signed a letter of employment. That letter stated that a separate document contained the terms of employment. The terms in the separate document included an arbitration clause. Mr. Justice Bowden held that the plaintiff was bound by the terms of the other document, including the arbitration clause, as those terms had been incorporated into the employment contract by reference.
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