What is the test for unconscionability in employment law?
Alberta, Canada
The following excerpt is from 889946 Alberta Ltd. v. Carter, 2002 ABPC 28 (CanLII):
The third category identified as fairness and reasonableness” is reflected in Milne v. Ocean Express Ltd. (1989), 1989 CanLII 2874 (BC SC), 26 C.C.E.L. 187 (B.C.C.A.) in the words of Toy J.A. (at pages 189-90): “Courts have generally implied concepts of reasonableness, or found some way of protecting employees even in the face of written contracts or employment, as the employer or master is usually in a dominant position at the time that the master and servant relationship is created”. The unconscionability analysis as applied in Alberta
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