November 13, 2014
Michelle A. Willette, KC
Employment & Labour

Grievance Process Privilege

Employers of unionized employees are likely already aware that discussions held during the grievance process between management and union officials are privileged; that is, the nature and content of those discussions will not be admitted into evidence at a subsequent arbitration hearing without consent of both parties. The reason for the privilege is to encourage open discussion in an effort to settle disputes. The concern is that the possibility of later disclosure of grievance process discussions to an arbitrator will curtail or inhibit such discussions.

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November 12, 2014
Energy & Natural Resources

BP Canada Adds Offshore Partner

BP Canada (“BP”) has partnered with Hess Corporation (“Hess”) in its ongoing offshore oil exploration program. Hess has taken a 40% interest in BP’s work commitment of $1 billion with respect to four deep-water exploration blocks off the coast of Nova Scotia. BP will remain the operator for its four exploration licences, which are located approximately 300 kilometres off the coast of Nova Scotia.

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November 7, 2014
Joseph F. Burke Amy MacGregor Kathleen M. O’Neill, KC Deirdre L. Wade, KC
Insurance Litigation

Case Law Updates: Insurance Litigation Law

Insurance Litigation Law – Case law updates from across the region.

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November 4, 2014
Employment & Labour

Performance Management of Older Workers

Given the increasing number of older employees who are choosing to remain in the workplace and the (near) elimination of mandatory retirement, it is increasingly important for employers to ensure that they are engaging in appropriate performance management of older workers. However, employers must make sure that its performance management is carried out in a way that does not trigger liability for age discrimination. This involves not only ensuring that performance standards are not based on discriminatory criteria, but also ensuring that the process is not based on stereotypes.

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October 22, 2014
Richard W. Norman
Corporate & Commercial

Free Trade with Europe

Last month the government of Canada signed an historic free trade agreement with the European Union (“EU”), the world’s largest single market for goods and services. The Comprehensive Economic and Trade Agreement (“CETA”) is expected to come into force in 2016.

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October 22, 2014
Employment & Labour

Does Age Have An Impact on a Dismissed Employee’s Duty...

When an employee is dismissed from his/her position, they have a duty to seek alternative employment to “mitigate their damages”. Failing to mitigate results in a reduction of damages that a plaintiff would otherwise receive. A recent British Columbia decision suggests if an older employee fails to mitigate, the reduction in damages will not be as significant compared to a younger employee in the same circumstances.

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October 17, 2014
Dale T. Briggs Jeffrey H. Leard
Construction

Who Gets the Money: Builders’ Lien Trust Claimants or Bankruptcy...

Both the Mechanics’ Lien Act in New Brunswick and the Builders’ Lien Act in Nova Scotia contain provisions which deem certain money received by owners, builders and contractors to be held in trust for those below them on the construction ladder. The money is to be held in trust for the protection of those to whom money is owed as a result of services or materials supplied to the construction project.

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October 17, 2014
Employment & Labour

The Older Job Applicant: Human Rights Considerations

The number of workers over the age of 65 has significantly increased in recent years, and a survey by Towers Watson found that one-third of all respondents and 42% of older workers have decided to delay retirement. This aging workforce demographic means that not only are there more older workers remaining in their employment, but also that there are many older workers seeking new employment. This includes both older workers who have never left the workforce, and those who have retired. Statistics Canada found that more than half of workers aged 55 and older who left their careers returned to the workforce within a decade.

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October 9, 2014
Employment & Labour

Employee Misconduct: Is it Cause for Dismissal?

A recent case from the Ontario Superior Court of Justice serves as a good reminder to employers that there is a high standard to dismiss an employee for cause, particularly if it is a long serving employee with a good performance record.

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October 8, 2014
Energy & Natural Resources

Oil & Gas Update: Shell Canada Ltd. Becomes Joint Venture...

In June of this year, Shell Canada Ltd. (“Shell”) announced that it had entered into an agreement with ConocoPhillips and Suncor Energy to become joint venture partners with respect to the exploration and development of Shell’s $1 billion offshore exploration project in the Shelburne Basin. Shell maintains a 50% interest in six exploration licenses that cover a contiguous area of 19,845 km2 located roughly 300 km off the coast of Nova Scotia and Shell remains the operator of the project.

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