Nova Scotia Experience: Express Entry
In March 2015, the Nova Scotia Office of Immigration launched a new provincial immigration stream – Nova Scotia Experience: Express Entry.
Two Remedies for Unpaid Subcontractors: Trusts and Liens
The Supreme Court of Canada released its decision in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43, on September 18, 2015 and clarified the interaction between lien claims and statutory trusts upon the filing of a lien bond. The Court found that filing a lien bond to remove a lien from property does not satisfy a contractor’s trust obligations.
Voluntary use of Nice Classification in Canadian Trade-mark Applications Begins
As of September 28, 2015 , the Canadian Intellectual Property Office (CIPO) has begun accepting Canadian trade-mark applications that use the Nice Classification.
Employer Obligations on Election Day
Monday, October 19, 2015 is Election Day for the upcoming federal election and is quickly approaching. Many employers are left wondering what their obligations are.
One Strike and You’re Out: Employer’s Just Cause Dismissal Upheld
The employee, Ms. Steel (“Steel”), made a summary judgment application to the Supreme Court of British Columbia (“BCSC”) for damages for wrongful dismissal from her employment with Coast Capital Savings Credit Union (the “Employer”).
Nova Scotia: The Risks of Tenured Employees
In Nova Scotia, employees with ten years of service are provided with special protections under the Labour Standards Code. Section 71 of the Code provides that, subject to certain exceptions, an employer can only dismiss an employee with ten years of service or more for just cause. This is called the tenured employee rule.
Porter Airlines Inc. Hits Turbulence: Enters Into Undertaking With CRTC...
In its most recent action (see our discussion of the earlier Compu-Finder action and the Plentyoffish action) under Canada’s Anti-Spam Legislation (the “Act” or “CASL”)1, the Canadian Radio-television and Telecommunications Commission (the “CRTC”) has grounded Porter Airlines Inc. (“Porter”) for alleged violations of paragraphs 6(1)(a), 6(2)(b) and 6(2)(c) and alleged non-compliance with paragraph 11(1)(b) and subsection 11(3) of the Act, as well as alleged non-compliance with subsection 2(2) and section 3 of the Electronic Commerce Protection Regulations (CRTC), SOR/2012-36 (the “CRTC Regulations”).
Employee Wrongfully Terminated for Breach of Trust
The growth of social media and its integration into our lives and the workplace continues to evolve. Over the last decade, courts and arbitrators have consistently held that inappropriate social media postings may warrant disciplinary action, even if the content is posted while an employee is off-duty.
CRTC Nets Plentyoffish Media Inc. for Non-Compliance with CASL: Plentyoffish...
Hot on the heels of the Compu-Finder action, the Canadian Radio-television and Telecommunications Commission (the “CRTC”) has netted its next catch in its pursuit of regulating the use of commercial electronic messages.
The Taxman Cometh: CRA Priorities in Insolvency Proceedings
Courts and lawmakers often refer to Canada Revenue Agency (“CRA”) as an involuntary creditor when businesses fail to make required tax payments to the governmental authority. The timely collection of taxes and payroll deductions also plays a fundamental role in the financing of government.