June 29, 2016

An Employee With a 14 Year Absence Reinstated With Full...

In May of 2016, in Fair v Hamilton-Wentworth District School Board, 2012 HRTO 350, an Ontario Court of Appeal upheld a Human Rights Tribunal with important implications for employers in relation to the duty to accommodate and the jeopardy of reinstatement.

CMPA Not an Insurer

The plaintiff, Shirley Shannon, had been sexually assaulted by her psychiatrist Dr. Akoto. Shannon suffered emotional and mental distress as a result of the sexual assaults and attempted suicide resulting in extensive physical injuries.

June 20, 2016

Labour Arbitration: When are Damages in Lieu of Reinstatement an...

In the context of a unionized work environment, it is generally the case that when an employee is found to be terminated without cause, the employee is ordered to be reinstated.

June 17, 2016

Experts Under the Microscope: Bias and Junk Science in Canada’s...

Over the past year or so, a series of Canadian decisions have caused lawyers, judges and legal commentators to refocus on the issue of expert evidence in litigation.

June 9, 2016

Construction Industry Certification: Nova Scotia Court of Appeal Weighs In

For many years, the Nova Scotia Labour Board has used the “snapshot” approach to construction industry union certifications.

May 20, 2016

Employer Liable for Remainder of Fixed Term Employment Contract

A new decision from the Ontario Court of Appeal shows the potential downside of fixed term employment contracts for employers and the importance of proper drafting.

A Mixed Grill: 2016 Mid-Market Technical Update

This paper offers a summary of important bankruptcy and insolvency case law from the last 12 months. Included are a variety of cases from Atlantic Canada, Ontario, and Alberta.

Tread Carefully – Enforcement of Farming Assets

Agriculture has long been a key industry in Atlantic Canada. Prior to lending or attempting to realize on debt secured by assets in a farming operation, it is prudent to tread carefully and consider the following.

Oil & Gas: Canada-Nova Scotia Offshore Petroleum Board Calls for...

In an announcement last week, the Canada-Nova Scotia Offshore Petroleum Board (“CNSOPB”) has issued Call for Bids NS16-1 for Exploration Licences consisting of six (6) parcels of the coast of Nova Scotia.

May 13, 2016

Beware of the One Month Per Year of Service “Rule”:...

There is no shortage of cases which confirm the perils of assuming that an employer’s liability for reasonable notice of termination will be capped at one month per year of employment.