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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April 26, 2017

Cannabis Legalization: Weeding Out the Regulations

As the Federal Government recently introduced its legislation to legalize and regulate recreational cannabis, it is clear that legalization is now imminent.

April 13, 2017

Agree to Disagree: No Constructive Dismissal Where Employer Wrongfully Withholds $329,687 from Employee

The Ontario Court of Appeal has offered employers some solace in handling disputes with employees over the proper interpretation of the employment contract.

April 5, 2017

Terminating a Probationary Employee? Not So Fast…

The recent decision of Pound v. iWave, 2016 PESC 39 (CanLII), is a good reminder for employers of the requirements to dismiss an employee during a probationary period.

April 4, 2017

Provincial Health and Safety Legislation is Inapplicable to Federal Undertakings

In Commission des normes, de l’équité, de la santé et de la sécurité du travail c Commission des lésions professionnelles, 2016 QCCS 2424, the Quebec Superior Court held that provincial occupational health and safety legislation does not apply to general contractors working on federal undertakings.

March 27, 2017

Some Nice Trade-mark (Classification) News from Canada: Application of the 11th Edition and Courtesy Letters

Use of the Nice Classification system will eventually become mandatory in Canada, upon full implementation here of various international trade-mark treaties.

March 23, 2017

Shareholder Loans: Are They Equity or Debt?

Tudor Sales Ltd. (Re), 2017 BCSC 119 is a case from British Columbia that dealt with whether shareholder loans, as a non-arm’s length transaction, are properly characterized as debt, or as equity.

March 22, 2017

Supreme Court of Canada Confirms the Law on Rectification

The Supreme Court of Canada (“SCC”) confirmed the law on the equitable remedy of rectification in Canada (Attorney General) v. Fairmont Hotels Inc., 2016 SCC 56 (“Fairmont”).

March 20, 2017

NL Court of Appeal Restates Principles That Apply to Claims of Unconscionability

In this case, the Newfoundland and Labrador Court of Appeal considered the validity and enforceability of a full and final release involving two unrepresented individuals.