Related Articles - Сox & Palmer

October 3, 2014

Employment & Labour

Fixed Term Contracts May Require a Second Look

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.

September 25, 2014

Employment & Labour

Strong Message Sent to Employer Paying Less than Minimum Wage...

The Ontario Human Rights Tribunal (“Tribunal”) has awarded a developmentally disabled employee over $180,000 in damages after her employment was terminated.

September 23, 2014

Residential Real Estate

Low-rise developments: Condominium or Freehold?

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.

September 19, 2014

Estates & Trusts

Duties of a Personal Representative in Nova Scotia

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)

September 18, 2014

Josh J.B. McElman, KC

Intellectual Property & Technology

Canadian Trade-mark Applications and Oppositions

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.

September 18, 2014

Employment & Labour

Alberta Human Rights Tribunal Finds Employer Discriminated based on Family...

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.

September 16, 2014

Defence & Security Shipbuilding, Maritime & Transportation

Registration Under the Controlled Goods Program

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.

September 15, 2014

Corporate & Commercial

How Changes to Food Safety Laws and Regulations Will Affect...

In 2015 the Safe Food for Canadians Act will come into force and new regulations will follow. The Safe Food for Canadians Act and regulations (together the “SFCA”) will consolidate a number of existing food laws administered and enforced by the Canadian Food Inspection Agency (CFIA), supplementing and eventually replacing the Fish Inspection Act, the Canada Agricultural Products Act, the Meat Inspection Act, and the food provisions of the Consumer Packaging and Labelling Act.

September 9, 2014

Employment & Labour

Preventing an Employee From Working During Working Notice Can Be...

n Allen v Ainsworth Lumber Co Ltd, 2013 BCCA 271, the British Columbia Court of Appeal upheld a lower court decision which held that an employer’s refusal to allow an employee to work during a purported “working notice” period constituted constructive dismissal.

September 3, 2014

Employment & Labour

Employer’s Operations Fall Within Definition of “Construction Industry”

The Prince Edward Island Labour Relations Board (“Board”) recently heard an Application for Review of a Certification Order in H-Line Enterprises v. International Brotherhood of Electrical Workers, Local 1432, 2014 CanLII 36807. H-Line Enterprises (“Employer”) brought forth the application for review after the International Brotherhood of Electrical Workers, Local 1432 (“Union”) was certified as the bargaining agent for all of its employees under s. 54, Part II of the Labour Act, R.S.P.E.I. 1988, Cap. L-1 (“Act”) which deals with Construction Industry Labour Relations.