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.
Changing Tides: Enforcement of Termination Provisions
From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.
Locked Out and Out-of-Luck: The Impact of Ransomware on SMEs
Recent high-profile data breaches have emphasized the importance of protecting client, company, and personal information by governments and businesses.
Fraud of Homecare Administrator Survives Bankruptcy Discharge
Over the course of two years, a retirement home administrator by the name of Melissa Gibson-Heath stole $229,000 from an elderly resident of the retirement home where she worked, the Fairfield Manor East.
Mitigation Income: What’s In and What’s Out?
Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.
Working Notice not Appropriate for Employees on Medical Leaves of...
A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.
Applicable Test for Non-Party Production Orders
Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession, power or control of non-parties where the document is not privileged and a) the document is relevant to a material issue in the action and b) it would be unfair to require the moving party to proceed to trial without the documents.
Proving Damages for Mental Injury: Guidance from the Supreme Court...
The recent decision of Saadati v. Moorhead raises the question of whether recovery for a mental injury requires expert medical opinion of a “recognized psychiatric illness”.
Why Universities are Rethinking Their Copyright Policies
For over a decade, universities have had free-rein to use copyright-protected work for the purposes of education, research, private study, criticism, review, news reporting, satire and/or parody, so long as their use of the work was considered “fair dealing”.
SCC Declares Termination for Impairment in the Workplace Not Discriminatory
Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.