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.
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.
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.
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.
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.
Truth or Consequences: Municipal Governance for the 21st Century
In our globalized world, there are many things we can’t control. Delivering high quality infrastructure and services at the lowest possible cost is decidedly within our control. Citizens don’t want more talk. They want action.
Substantial Changes to Employment for Employee Returning from Maternity Leave...
Dealing with employees who take maternity and/or paternity leave and then return to the workplace can be challenging for employers. However, the ability of parents to take maternity and/or paternity leave, and return to their employment, is a legislated right.