Adams v. Thinkific Labs Inc.
Madeline Adams
Law Firm / Organization
Forte Law Corporation
Lawyer(s)

Jim Wu

Thinkific Labs Inc.
Law Firm / Organization
Blake, Cassels & Graydon LLP
Lawyer(s)

Michael Howcroft

Background: Madeline Adams, 31, worked for Thinkific Labs Inc. from September 20, 2021, until her termination on May 23, 2023. She received an employment offer via email on August 19, 2021, outlining benefits but lacking termination clauses. Adams accepted the offer on August 20, 2021. Later that day, Thinkific Labs Inc. sent a formal agreement with new terms on termination and non-competition, which Adams signed without additional consideration.

Legal Arguments/Issues:

  • Plaintiff's Argument: Adams claimed the initial email was a binding contract without termination terms. She argued the subsequent written contract added new terms without consideration, making it unenforceable. She cited cases like Machtinger v. HOJ Industries Ltd. and Ethiopian Orthodox Tewahedo Church of Canada St. Mary Cathedral v. Aga to support her claim for reasonable notice or pay.

  • Defendant's Argument: Thinkific Labs Inc. argued the email and acceptance did not form a contract and that Adams knew she needed to sign a formal agreement. They argued the written contract was enforceable and provided all owed compensation. If the email offer was binding, they suggested a 2.5 to 3 months' notice period.

Held: Justice Caldwell ruled the initial email offer was a complete contract, and the subsequent written agreement added new, onerous terms without consideration, making it unenforceable. The court applied common law principles for severance.

Costs/Damages Awarded

  • Notice Period: 5 months
  • Total Owing: $31,647.44

Adams was awarded $31,647.44 plus reasonable disbursements. No additional costs were awarded as the case was within Small Claims Court jurisdiction.

Supreme Court of British Columbia
S249913
Employment law
$ 31,647
Plaintiff