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.
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.
Imagine you spend a year growing your business. You invest in the perfect logo, an eye-catching sign, and a sharp website. You spend hours networking with potential clients. You go above and beyond for your customers in the hopes that they will remain loyal. And word is starting to spread. After all the hard work and long hours, your business is finally gaining momentum.
Fixed term employment contracts are a practical management tool for various reasons including the completion of short term projects or replacement of a permanent employee on leave. However, employers often use successive fixed term agreements for another reason – to avoid notice or severance obligations upon termination of employment. Such misuse can have significant impacts on employees. For example, indefinite term employees are entitled to statutory notice of termination and, in the absence of express language, reasonable notice at common law. Fixed term contracts end at the conclusion of the specified term with no notice required.
The Ontario Human Rights Tribunal (“Tribunal”) has awarded a developmentally disabled employee over $180,000 in damages after her employment was terminated.
Condominiums remain industry standard for mid-rise and high-rise developments: but for low-rise developments (e.g. townhouses, low-rise villas, low-rise apartments), there is a greater mixture between freehold and condominium ownership structures.
In Nova Scotia, the personal representatives of deceased persons have many duties. Click below to view a brochure outlining the most significant of those duties. Duties of a Personal Representative in Nova Scotia (PDF version)
In 911979 Alberta Ltd v Hero Nutritionals, Inc, 2014 TMOB 72, a recent decision of the Trade-marks Opposition Board, the Opponent in the opposition succeeded, even though the Opponent itself had filed no relevant evidence. The Opponent relied solely on the evidence of the Applicant and the Application was denied by the Opposition Board. The decision centered on the claimed date of first use for the trade-mark in the Application.
The complainant, Leah Clark, filed a human rights complaint against her employer Bow Valley College alleging discrimination on the ground of family status contrary to the Alberta Human Rights Act. Ms. Clark, who was a nursing instructor, requested and was approved for maternity leave from February 1, 2010 through January 31, 2011. Ms. Clark went on approved sick leave in November 2009. Her child was born on January 2, 2010, almost seven weeks premature. After the child was born, the parties did not communicate about the start or end date of Ms. Clark’s leave.
Prior to 1999, Canada had enjoyed an exemption to the United States’ International Traffic in Arms Regulations (“ITAR”) which allowed the importation of certain controlled goods without a license. The United States’ State Department removed Canada’s exempt status over their concerns regarding the potential for such goods to be obtained by criminals or terrorists. Canada’s response was to create the Controlled Goods Program (“CGP”) which regulates access to controlled goods and technologies, including ITAR-controlled goods. As a result of implementing the CGP, Canada is once again able to rely on an exemption to ITAR.