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.

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December 9, 2016

Union Decertification: Employers, Step Aside

Canadian labour legislation, such as the New Brunswick Industrial Relations Act, is designed to provide employees with the opportunity to establish, and protect, bargaining rights.

December 5, 2016

The CAO and Council – Leading Down, Out and Up

The most effective CAOs know how to lead ‘down, out, and up.’ That’s the view of Brock University’s David Siegel.

December 2, 2016

PEI Court Addresses Common Law Vehicle Ownership and Piercing the Corporate Veil

It is relatively commonplace for corporations to allow their corporate officers to also use the company vehicle for personal use. In MacInnis v Rayner & Raylink, 2016 PESC 40, the PEI Supreme Court addressed the circumstances in which a court might pierce the corporate veil to find that the individual corporate officer is the true owner of the vehicle.

December 1, 2016

The Beginning of the End of a Different Legal Test for Family Status Discrimination?

Misetich v Value Village Stores Inc., 2016 HRTO 1229 (“Misetich”), a recent decision from the Human Rights Tribunal of Ontario (the “Tribunal”) that considered an employee’s eldercare responsibilities, casts doubt on the correct legal test to be applied in cases of family status discrimination.

November 28, 2016

11 Steps to Minimize Holiday Party Liability

It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare.

November 23, 2016

Serious and Temporarily Disabling Injuries Satisfy Definition of Minor Personal Injury

In the decision of Douthwright v. Duffy, 2015 NBQB 224, the 43 year old Douthwright was injured in a serious roll-over accident. Liability was admitted, but the parties differed on damages.

November 17, 2016

Dismissal Following Positive Drug Test Excessive form of Discipline, Alberta Arbitration Board Rules

A recent arbitration decision from Alberta tackles a myriad of issues related to a positive post incident drug test.

November 9, 2016

Termination Clauses: Nova Scotia Supreme Court Weighs In

In recent years, there have been many decisions on the enforceability and interpretation of termination clauses in employment contracts – which employers and their legal counsel read with both interest and apprehension.