In the matter of Spence v. BMO Trust Company, the Ontario Superior Court of Justice was asked to set aside a Will for public policy reasons. The evidence suggested that the deceased disinherited his daughter because the father of the daughter’s child was Caucasian. After reviewing the evidence and applicable legal principles, the Court concluded that the Will was void and should be set aside.
On May 21, 2013 Chris Boyle, an employee of R.D. Longard Services Limited (“Longard”), died on the job after being electrocuted. Longard was charged under the Nova Scotia Occupational Health and Safety Act. The charges included not taking every reasonable precaution for the health and safety of Mr. Boyle. By decision dated April 17, 2015, Judge Anne Derrick found Longard guilty. Sentencing is to take place later.
Justice Boudreau of the Nova Scotia Supreme Court was called upon to assess this issue in the matter of B.M. v. K.S. Her Ladyship concluded that a clear and unequivocal expression of interest in a Personal Directive should normally be followed even if it is arguably not in the objective best interests of the person who signed the Personal Directive.
There are many circumstances that can arise that result in an employer terminating an employee without cause. An employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. Often times an employer who is terminating an employee without cause will make an offer of severance (e.g. pay in lieu of notice) that is conditional upon the employee signing a release. If the employee refuses to sign the release, and the parties are unable to agree on the amount of pay in lieu of notice the employee is entitled to, litigation will often ensue.
Insurance Litigation case law updates from across the region.
A frequently encountered issue faced by many lenders in mortgage backed loan transactions is the use by the borrower of a nominee title holder, or bare trustee.
Mediation is a powerful tool for tackling private disputes of all kinds, particularly where privacy is preferred and the parties need a viable continuing relationship. Mediation is a proven process that allows people and organizations in dispute to resolve their conflict themselves, making for better outcomes, saving time and money, and avoiding the risk and cost of litigation.
The Federal Court of Appeal decided in Western Grain By-Products Storage Ltd. v. Donaldson, 2015 FCA 62 (March 4, 2015), that Western Grain By-Products Storage Ltd (“Western Grain”) did not constructively dismiss its employee, Donaldson, when it refused to return him to work from extended leave due to illness without receipt of “a better doctor’s note.”
The existence of counterfeit products often signify that a particular brand or product has ‘made it’: it is now sufficiently popular that someone is making knock-offs. Of course, counterfeits are a nuisance for legitimate rights holders and indeed harmful to consumers, who may not get the product they expect (and certainly without the usual warranties, etc. that legitimate products carry).
Last year, we discussed a case which held that preventing an employee from working during a purported “working notice” period can constitute constructive dismissal. The rationale for the decision was that unilaterally preventing an employee from performing their duties (even when they’re still receiving their pay and benefits) is a fundamental change to the terms of employment.