Terminating a Probationary Employee? Not So Fast…
The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.
Provincial Health and Safety Legislation is Inapplicable to Federal Undertakings
In Commission des normes, de l’équité, de la santé et de la sécurité du travail c Commission des lésions professionnelles, 2016 QCCS 2424, the Quebec Superior Court held that provincial occupational health and safety legislation does not apply to general contractors working on federal undertakings.
Some Nice Trade-mark (Classification) News from Canada: Application of the...
Use of the Nice Classification system will eventually become mandatory in Canada, upon full implementation here of various international trade-mark treaties.
Shareholder Loans: Are They Equity or Debt?
Tudor Sales Ltd. (Re), 2017 BCSC 119 is a case from British Columbia that dealt with whether shareholder loans, as a non-arm’s length transaction, are properly characterized as debt, or as equity.
Supreme Court of Canada Confirms the Law on Rectification
The Supreme Court of Canada (“SCC”) confirmed the law on the equitable remedy of rectification in Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (“Fairmont”).
NL Court of Appeal Restates Principles That Apply to Claims...
In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals.
Casual Worker Permitted to Sue Employer for Injuries Resulting from...
Workers’ Compensation generally operates like a form of insurance in that it provides wage replacement and medical benefits to employees who are injured in the course of their employment.
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?
Illegal Drugs in the Workplace: The Test to Establish Possession
The possession and use of illegal drugs in safety-sensitive workplaces continues to be a prevalent issue in Canadian labour law.
In Nova Scotia, How Long Do You Have to Live...
These days, almost every couple lives together for a period of time before they get married, and increasingly, more and more couples never get married at all.