August 20, 2020

Laying it All Out: Why Layoff Clauses Should be Included...

In times of financial uncertainty, employers seeking to cut costs may quickly turn to temporary layoffs. From the employer’s point of view, layoffs offer an opportunity to press “pause” on its obligations to employees in the short-term while still maintaining the employment relationship in the long-term. Failing to handle layoffs properly, however, may leave the […]

November 29, 2018

Parties, Cocktails & Cannabis – the Triple Threat for Host...

This is the first holiday season in the post-legalization of cannabis era. If, as an employer, you are planning a holiday gathering, you should be aware that you may be exposing your company to significant financial liability for the actions of an impaired guest. The concept of host liability is not new, but with the […]

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.

November 28, 2017

Festive Feasts and Merry Martinis: Top 10 Tips to Minimize...

‘Tis the season for holiday parties. Cox & Palmer would like to remind employers about the steps they should take to minimize their liability risks arising from the consumption of alcohol by employees and their guests.

Case Law Highlights the Difficulties of Establishing Liability for Slip...

This newsletter will examine three court decisions that illustrate the challenge of proving liability for slip and fall incidents during Newfoundland and Labrador winters.

March 9, 2017

Availability of Coverage Under a CGL Policy For Historical Sexual...

Are payments offered through a conciliation process designed to make moral amends covered by commercial general liability (CGL) insurance?

When the Courts “Exclude” an Exclusionary Clause, Insurers Have a...

The present litigation resulted from two actions launched by Armel Drapeau (Drapeau) following an investigation carried out by the Financial and Consumer Services Commission (Commission) into Drapeau’s business of trading securities.

November 28, 2016

11 Steps to Minimize Holiday Party Liability

It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.

August 18, 2016

The “Wells Report” on Municipal Ethics Systems: Window Dressing or...

The Honourable Clyde K. Wells, Q.C., released his “Report to St. John’s City Council on Recommended Adjustments to The City’s Existing Ethical Conduct Legislation” (the “Report”) in September of last year.

Plaintiff Recovery Limited When Contributorily Negligent

The Nova Scotia Supreme Court recently reaffirmed the law that, in Nova Scotia, where a plaintiff has been found to be contributorily negligent, his or her recovery is limited to the liability apportioned to each defendant individually.