How have the courts treated the issue of forbearance in the context of employment contracts?
British Columbia, Canada
The following excerpt is from Bailey v Service Corporation International (Canada) ULC, 2018 BCSC 235 (CanLII):
In the case at bar, each of the successive contracts were simply presented as something employees had to sign as a matter of their continued employment. This does not amount to forbearance. Forbearance requires some benefit to the employee beyond the threat “we will fire you if you don’t sign”: see Krieser v. Active Chemicals Ltd., 2005 BCSC 1370 at paras. 29-32.
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