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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August 11, 2017

Mitigation Income: What’s In and What’s Out?

Under the common law, an employee who is terminated without cause is entitled to reasonable notice of termination, or pay in lieu thereof. That entitlement is not free of conditions.

August 10, 2017

Working Notice not Appropriate for Employees on Medical Leaves of Absence

A recent decision of the Ontario Superior Court, McLeod v 1274458 Ontario Inc., 2017 ONSC 4073, confirms that working notice does not apply where an employee is unable to work due to a medical leave of absence.

August 9, 2017

Applicable Test for Non-Party Production Orders

Rule 30.10(1) of the Prince Edward Island Rules of Civil Procedure allows for production of documents in the possession, power or control of non-parties where the document is not privileged and a) the document is relevant to a material issue in the action and b) it would be unfair to require the moving party to proceed to trial without the documents.

July 27, 2017

Proving Damages for Mental Injury: Guidance from the Supreme Court of Canada

The recent decision of Saadati v. Moorhead raises the question of whether recovery for a mental injury requires expert medical opinion of a “recognized psychiatric illness”.

July 25, 2017

Why Universities are Rethinking Their Copyright Policies

For over a decade, universities have had free-rein to use copyright-protected work for the purposes of education, research, private study, criticism, review, news reporting, satire and/or parody, so long as their use of the work was considered “fair dealing”.

July 19, 2017

NLCA Finds No Conflict of Interest Arising Where Accountants Act in Dual Capacity

In this case, the Newfoundland & Labrador Court of Appeal considered whether a receiver is conflicted if it previously assisted the debtor in financial restructuring efforts.

June 30, 2017

SCC Declares Termination for Impairment in the Workplace Not Discriminatory

Canadian Courts have long wrestled with the protection of human rights in the context of workplace drug and alcohol policies.

June 28, 2017

Do You Need to Register in New Brunswick’s Lobbyist Registry?

The long-coming proclamation of the New Brunswick Lobbyists’ Registration Act (the “Act”) occurred on April 1, 2017.