Recently, the Prince Edward Island Supreme Court in IUOE Local 942 v. Health P.E.I., 2014 PESC 31 (CanLII) heard an application by a union for judicial review. The Court reviewed a decision of the Prince Edward Island Labour Arbitration Board (the “Board”), which upheld the termination of unionized probationary employee.
Any corporate or commercial transaction involving a Newfoundland and Labrador corporation must include a consideration of the prohibited financial assistance provisions in the Corporations Act (Newfoundland and Labrador) and how to address any issues that arise. Failure to do so could result in the enforceability of a loan or guarantee, personal liability for corporate directors and professional negligence claims. This newsletter outlines the concept of prohibited financial assistance under NL corporate law and the most common ways the prohibition is overcome or mitigated.
Under what circumstances can and should a Court remove a Personal Representative appointed by the will of a deceased? This was the main issue which faced Justice Gogan in the matter of Willisko v. Pottie Estate, 2014 NSSC 389.
Last month, the Federal Court of Appeal released a decision of importance to all federally regulated employers. In Atomic Energy of Canada Ltd. v. Wilson, 2015 FCA 17, the Federal Court of Appeal explained that a dismissal without cause is not necessarily an “unjust dismissal” pursuant to s. 240 of the Canada Labour Code.
Turner v. Newfoundland and Labrador (Legal Aid Commission), 2014 NLTD (G) 156, is a new case out of Newfoundland and Labrador addressing applicable damages in the context of a wrongful dismissal from employment.
It can be surprisingly difficult for an employer to rely on statements such as “I quit” to establish that an employee resigned, particularly if the employee later indicates that they want to return to work. Courts require proof of a clear intention to resign in order to find that an employee terminated their employment. While the statement “I quit” may seem clear, courts will inquire into the circumstances in which the statement was made in order to determine whether the employee actually resigned.
Despite the price of oil hovering near $50 per barrel, Shell Canada (“Shell”) has announced it will continue exploring off the coast of Nova Scotia. Shell, along with its partners in the Shelburne Basin exploration project, ConocoPhillips and Suncor, will adhere to their existing plans for this year and the next. Exploratory offshore drilling is expected to commence in 2015.
In this recent case, the Supreme Court of Nova Scotia held that the Warden of the Municipality of the District of West Hants did not breach the Municipal Conflict of Interest Act (the “Act”) despite acting as a “go-between” between the Municipality and a friend in the purchase of a lot for an “apparently excessive price”.
Under what circumstances and at what point in time can or should the Court remove a lawful Attorney appointed under an Enduring Power of Attorney? This was the main issue which Justice Rosinski was required to address in the matter of Vernon v. Sutcliffe, 2014 NSSC 376.
Supreme Court of Canada to Consider Freedom of Association in Collective Bargaining Process provided background details regarding an upcoming decision of the Supreme Court of Canada (“SCC”). In short, currently the RCMP is prohibited from unionization.