Employee Bonuses After Dismissal: When Are They Owed?

The Nova Scotia Supreme Court in Matthews v. Ocean Nutrition Canada Ltd., 2017 NSSC 16 (with supplemental reasons at 2017 NSSC 123) recently set out the test in Nova Scotia for determining whether an employee dismissed without cause is entitled to damages for lost future bonuses.

April 10, 2018

Breaching Duty of Care: Can Individual Employees Be Personally Liable?

A recent decision of the Ontario Court of Appeal, Sataur v Starbucks Coffee Canada Inc., 2017 ONCA 1017, addressed the issue of whether individual employees can be personally liable for breaching a duty of care owed to a customer in the course of their employment.

Legislation Protecting Innocent Co-Insureds Is Now a Reality in New...

Bill 30 – An Act to Amend the Insurance Act (the “Bill”) was introduced to the New Brunswick Legislature by the Honourable Cathy Rogers on December 16, 2017. The amendments were proposed in order to prevent insurance companies from denying coverage to innocent co-insureds for property damage caused by an abusive partner and to enhance the protection of assets for victims of intimate partner violence.

The Right Person For The Job: Nova Scotia Human Rights...

A recent decision by a Nova Scotia Human Rights Board of Inquiry in Yuille v Nova Scotia Health Authority, 2017 CanLII 17201 (NS HRC), offers another reminder of the expansive nature of the duty to accommodate and sets out specific limitations on that duty in case of prospective employees.

What Happens to Employment When an Employer Sells its Assets?

The issue of continuity of employment relationships upon the sale of the assets of a business was recently considered by the Ontario Court of Appeal in Krishnamoorthy v. Olympus Canada Inc., 2017 ONCA 873.

Municipal Conflict of Interest Workshop

The seminar was presented to the Municipality of the District of Lunenburg on February 20, 2018 in Bridgewater, NS by Kevin Latimer and Chika Chiekwe.

January 31, 2018

Case Commentary: Noel v. Butler, 2016 NBCA 49 – Implications...

The facts in Noel v. Butler, 2016 NBCA 49, [Noel] are not complicated. This was a fourteen year common law relationship spanning from approximately 1998 until 2012. Ms. Butler had been a teacher since 1985 and had pension with a commuted value of $909,286.51 as of the date of separation.

Can Employers Require Mandatory Unpaid Standby Duty?

The recent decision of the Supreme Court of Canada (SCC), Association of Justice Counsel v Canada (Attorney General), 2017 SCC 55, addressed the issue of whether a unionized employer can unilaterally introduce a policy requiring employees to provide unpaid standby duty. 

It’s 2018: Here are Three Workplace Policies That Businesses Should...

1. Workplace Safety If it wasn’t already clear, the wave of allegations that have had swept through the film industry and political sphere have demonstrated that sexual harassment and assault is a serious and prevalent workplace problem in our society. Under occupational health and safety legislation, it is the responsibility of the employer to furnish […]

NL Court Finds Standard Mortgage Clause Defeats Canada Revenue Agency...

This case involved competing claims to insurance proceeds payable following a fire loss to a building (the “Property”) owned by Elite Builders Inc. (“Elite”). The Property was insured by Travelers Canada (“Travelers”).