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.

October 12, 2017

Case Law Highlights the Difficulties of Establishing Liability for Slip and Falls During Newfoundland and Labrador Winters

This newsletter will examine three court decisions that illustrate the challenge of proving liability for slip and fall incidents during Newfoundland and Labrador winters.

October 4, 2017

Changing Tides: Enforcement of Termination Provisions

From the employer’s perspective, one of the most beneficial terms in an employment contract is a prescribed notice period in the event of a “without cause” termination.

September 18, 2017

Locked Out and Out-of-Luck: The Impact of Ransomware on SMEs

Recent high-profile data breaches have emphasized the importance of protecting client, company, and personal information by governments and businesses.

September 13, 2017

Fraud of Homecare Administrator Survives Bankruptcy Discharge

Over the course of two years, a retirement home administrator by the name of Melissa Gibson-Heath stole $229,000 from an elderly resident of the retirement home where she worked, the Fairfield Manor East.

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”.