Knowledge & Perspective

Staying current is critical. We're pleased to provide insight and updates on case law and legislation that are relevant to our clients.

September 30, 2016

Sexual Harassment and the Perils of Failing to Manage Workplace Decorum

The recent arbitration decision in Canadian Union of Public Employees, Local 1418 v New Brunswick (Justice and Public Safety), 2016 CanLII 50052 (NB LA) (July 28, 2016) highlights the dangers in failing to confront employee “bad” behaviour and being lax with policy enforcement and training.

September 14, 2016

Requirements for Granting a Bankruptcy Order

In the Nova Scotia case Witch’s Glen Gold Inc., Re, 2015 NSSC 93, the sole creditor, Steve Furlotte, brought an application pursuant to s. 43 of the Bankruptcy and Insolvency Act (BIA) seeking a bankruptcy order against the debtor Witch’s Glen Gold Inc. (“WGC”).

September 9, 2016

Terminated Employee Entitled to Bonus Payments

An employee in Ontario was awarded bonus payments for the applicable reasonable notice period following a without cause termination despite the bonus plan’s express terms that personal and company objectives must be met and the employee must be actively employed.

September 6, 2016

Human Rights Commission Tackles Racial Profiling

This year, a Nova Scotia Human Rights Board of Inquiry issued a highly publicized decision on racial profiling. In the case, the Board concluded that a woman had discriminated against on the basis of her race and/or colour when wrongfully accused of shoplifting at a grocery store.

August 18, 2016

Caution for Employers Dealing with Employees Exhibiting Suspected Mental Health Issues

In Passamaquoddy Lodge v CUPE Local 1763 2016 NBQB 056 the Court of Queen’s Bench upheld an original arbitration decision condemning an employer for suspending an employee pending the outcome of a psychiatric evaluation.

August 18, 2016

The “Wells Report” on Municipal Ethics Systems: Window Dressing or Institutional Fabric?

The Honourable Clyde K. Wells, Q.C., released his “Report to St. John’s City Council on Recommended Adjustments to The City’s Existing Ethical Conduct Legislation” (the “Report”) in September of last year.

August 11, 2016

Use of Social Media for Operational Purposes: Should Employers Hang up the Hashtag?

A recent labour arbitration decision out of Ontario considers an employer’s obligation to protect its employees from harassment via an employer’s presence on social media.

August 10, 2016

Substantive Consolidation: Efficient and Equitable Restructuring of Group Companies

Gray Aqua Group of Companies, Re is a case from New Brunswick that dealt with the remedy of substantive consolidation under the Bankruptcy and Insolvency Act (BIA). Historically, courts have shown reluctance in granting consolidation and it was seen as an extraordinary remedy.