How have courts interpreted a reservation of rights clause?

Ontario, Canada


The following excerpt is from Tombol v. Lawrie Insurance Group Inc., 2019 ONSC 7416 (CanLII):

Because of this the courts have said: It is a basic principle of contractual interpretation that a provision that is ambiguous or capable of more than one reasonable interpretation shall be interpreted against its drafter. Given the context of unequal bargaining power between employees and employers, the policy reasons under scoring this principle are magnified. For this reason, courts have interpreted reservation of rights clauses restrictively against employers, finding that they must be explicit about affecting the benefits of retired employees (cannot simply refer to the benefits of current employees) and that they must also be explicit in conveying a right to introduce changes after the point of retirement. O’Neill v. General Motors of Canada, 2013 ONSC, 4654, at para. 71 Analysis

Other Questions


In what circumstances will an arbitrator be bound to follow the interpretation of Arbitrator Starkman’s interpretation of the Interpretation of the Arbitrator's Interpretation in a dispute? (Ontario, Canada)
How have the courts interpreted the principles of the Court of Arbitration for the purpose of making decisions at an arbitrator rather than the court? (Ontario, Canada)
How have courts interpreted the words in the grant of the right-of-way? (Ontario, Canada)
How have the courts interpreted a custody agreement where the mother was granted sole custody of the child by the court? (Ontario, Canada)
How have the courts interpreted s. 7 of the Charter of Canada’s Charter of Rights and Freedoms? (Ontario, Canada)
How have the courts interpreted the construction of this clause in the Construction of a Statement of Claim? (Ontario, Canada)
How have courts interpreted the distinction between "freedoms" and "rights"? (Ontario, Canada)
How have courts interpreted a section of the Contractor’s Rights and Terminations Act? (Ontario, Canada)
How has the court interpreted section 19(1)(a) of the Child Support Guidelines and interpreted the meaning of the word "intentionally" in relation to child support? (Ontario, Canada)
How have courts interpreted a limitation or exclusion of liability clause in a personal injury case? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.