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General Release Of Claims Template for Canada

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Key Requirements PROMPT example:

General Release Of Claims

"I need a General Release of Claims for an employment separation with my senior software developer, who is leaving the company on March 15, 2025, with a severance package of $75,000; the release should include confidentiality and non-disparagement provisions."

Document background
The General Release of Claims is a crucial legal instrument in Canadian business and personal matters, used when parties wish to achieve a final resolution of all actual or potential claims between them. This document is commonly employed following settlements, employment terminations, or business transactions where parties seek to prevent future litigation. It must comply with both federal Canadian law and provincial regulations, particularly regarding enforceability, consideration requirements, and limitations on releasing certain statutory rights. The document typically includes detailed provisions about the scope of claims being released, consideration provided, and any exceptions to the release. It's particularly important in situations involving employment disputes, commercial disagreements, personal injury settlements, or corporate transactions where parties need to ensure a clean break and protection against future claims.
Suggested Sections

1. Parties: Identifies and defines all parties involved in the release, including the releasor (party giving up claims) and releasee (party being released from claims)

2. Background: Provides context for the release, including relevant history of the relationship between parties and any disputes or claims that led to this release

3. Definitions: Defines key terms used throughout the document, including 'Claims', 'Effective Date', and any other relevant terms

4. Consideration: Specifies the payment or other valuable consideration being provided in exchange for the release

5. Release: The core provision where the releasor releases and forever discharges the releasee from all claims

6. Scope of Release: Detailed description of what types of claims are covered by the release, including known and unknown claims

7. No Admission of Liability: Statement that the release and any payment does not constitute an admission of liability

8. Representations and Warranties: Statements by the releasor regarding their authority to give the release and that they have not assigned any claims to others

9. Governing Law: Specifies that Canadian law governs the agreement and which province's laws apply

10. Entire Agreement: Confirms that the release contains the entire agreement between the parties regarding the subject matter

11. Severability: Provides that if any provision is found invalid, the remainder of the agreement remains in effect

12. Execution: Details about how the document will be signed and that it may be executed in counterparts

Optional Sections

1. Confidentiality: Include when parties wish to keep the terms of the release and/or the underlying dispute confidential

2. Non-Disparagement: Include when parties agree not to make negative statements about each other

3. Return of Property: Include in employment contexts where company property needs to be returned

4. Cooperation: Include when ongoing cooperation may be needed for certain matters

5. Future Employment: Include in employment contexts to address possibility of future employment

6. Tax Indemnification: Include when there are significant monetary payments that may have tax implications

7. Revocation Period: Include when required by law or when giving the releasor time to consider the agreement

8. Insurance Claims: Include when there are relevant insurance claims or coverage issues

9. Exceptions to Release: Include when certain claims are specifically carved out from the release

Suggested Schedules

1. Schedule A - Payment Terms: Details of any payments to be made, including amount, timing, and method

2. Schedule B - Specific Claims: List of specific claims being released, if applicable

3. Schedule C - Released Parties: Comprehensive list of all parties being released, including affiliated entities and individuals

4. Schedule D - Excluded Claims: List of any claims specifically excluded from the release

5. Schedule E - Company Property: Inventory of company property to be returned, if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Legal Counsel

Human Resources Manager

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Chief Executive Officer

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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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