Employer’s Denial of Request for Summer Off, a Breach of...
Family status cases continue to work through human rights tribunals across the country.
Once After a Lifetime: An Author’s Life, Death and Copyright...
Canadian copyright law is primarily governed by the federal Copyright Act, R.S.C. 1985, c. C-42 (the “Act”). The Act, among other things, sets-out the rights covered by copyright, including the length of such rights and how such rights may be licensed, transferred or waived.
Title Insurance: Peace of Mind for the Commercial Lender
Title insurance is available for a wide variety of commercial and residential transactions. In the commercial lending context, a lender may secure a loan against real property of the borrower.
The Enforceability of Non-Competition and Non-Solicitation Clauses
The Alberta Court of Queen’s Bench recently addressed the enforceability of restrictive covenants: Non-competition and non-solicitation clauses in Specialized Property Evaluation Control Services Ltd. V. Les Evaluations Marc Bourret Appraisals Inc., 2016
Update: Is the Failure to Provide Parental Leave “Top-Up” Benefits...
The complainant was a unionized employee and his Collective Agreement provided top-up benefits to adoptive parents, but not to biological parents. The Board of Inquiry concluded that the distinction in benefits constituted discrimination on the basis of family status.
NB Judge Confirms Severance Payment Information Must Be Protected From...
In a decision issued February 29, 2016, Justice Morrison of the NB Court of Queen’s Bench, dismissed an appeal which would have otherwise compelled a University to disclose severance payment information, which was expressly shielded by a confidentiality clause.
Employers Appealing EI Decisions: Do So At Your Own Risk
Many employers find themselves in a difficult position when they are advised by Service Canada that an employee they terminated for just cause has applied, and been approved, for Employment Insurance (“EI”) benefits.
Ontario Court of Appeal Determines That Employer Cannot Rely Upon...
The recent decision of Fleming v. Massey raises the very interesting question of whether an injured employee can waive his or her rights under Part X of the Workplace Safety and Insurance Act (WSIA).
Breastfeeding and the Duty to Accommodate: Federal Court of Appeal...
In Flatt v Canada (Attorney General), 2015 FCA 250 (CanLII), the Federal Court of Appeal (“FCA”) visited the issue of whether the decision to breastfeed one’s child is protected by human rights legislation.
Beware of the One Month Per Year of Service “Rule”:...
There continues to be a seemingly never-ending stream 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.