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  • Article

    Old But Still Kicking: A Labour Court Decision On Mandatory Retirement Policies (Viljoen v Peninsula Plumbing And Engineering Works (Pty) Ltd)

    Mr P Viljoen had his 60th birthday coming up in October 2020. On 28 September 2020, a few weeks before his 60th birthday, his employer informed him that he was due to retire...
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Pre-Resignation Training Costs Not Recoverable

    Can employers who require employees to undergo training to upgrade their skills as part of their employment then seek reimbursement from the employee if the employee subsequently resigns?
    CanadaEmployment and HR
    Fasken
Fasken
  • Article

    The HR Space: Employee Can't Invade Privacy Of Another Employee

    The evolution of the thorny issue of privacy in the Canadian workplace continues. In recent months we have updated you on court and labour arbitration decisions. In a recent case, an individual employee tried to take privacy one step further, suing another employee for invasion of privacy.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Employee Privacy Rights And Employer Liability – How Much?

    In a recent Alberta arbitration award (PDF), the arbitrator awarded damages to employees for a breach of their privacy rights, in the amount of $1,250 each.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    The HR Space: Gratuitous Payments In Pension Plan

    On June 21, 2011, in Canadian Jewish Congress v. Polger, the Court of Appeal of Québec overturned a decision of the Superior Court that had ordered an employer to pay pension benefits based only on an alleged practice and without proper written documentation to that effect.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    #Election44 Daily Update – Friday, September 3, 2021

    The federal party leaders took something of a break from campaigning on Thursday as they prepared for their first televised debate in Montreal.
    CanadaGovernment, Public Sector
    Fasken
    Fasken
  • Article

    Appeal Underway In The Nuchatlaht's Aboriginal Title Claim

    The Nuchatlaht have recently appealed the trial decision in their Aboriginal title case. In April 2024, the Nuchatlaht were granted title to roughly 11 square kilometres on the northwestern part of Nootka Island.
    CanadaGovernment, Public Sector
    Fasken
    Fasken
  • Article

    Welcome Back! Canadian Federal Government Waives Quarantine For Certain Fully Vaccinated Travellers

    The traveller may have received their vaccine in any country as long as they can provide proof of completing the vaccination in either English or French or a certified translation.
    CanadaImmigration
    Fasken
    Fasken
  • Article

    Key Aspects To Consider Prior To Filing A Statement Of Opposition In Canada Against A Trademark Application

    Trademark oppositions are important in Canada. Indeed, the issuance of a registration provides a right to use the mark in Canada and, in most cases, acts as a shield against...
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Where's My Oasis? Canadian Juice Company Wins In Court But Loses The Social Media Battle

    Quebec's A. Lassonde Inc. has been selling fruit and vegetable juices under the Oasis brand for over 45 years throughout Canada.
    CanadaIntellectual Property
    Fasken
    Fasken
  • Article

    Court of Appeal Dismisses Canadian Franchise Association’s Motion to Intervene in the Dunkin’ Donuts Matter

    The decision handed down by trial judge Daniel H. Tingley in a case pitting 21 former "Dunkin' Donut" franchisees against their franchisor, Dunkin' Brand Canada Ltd. ("Dunkin' Brands"), was appealed by Dunkin' Brands on July 23, 2012.
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Dispute Resolution Clauses - 2 Minute Drafting Tips: Bulletin #3 - Mandating Arbitration And Clarity Of Scope

    The purpose of this bulletin, the third in our "Dispute Resolution Clauses - Two Minute Drafting Tips" series, is to provide parties involved in negotiating commercial agreements with quick...
    CanadaLitigation, Mediation & Arbitration
    Fasken
    Fasken
  • Article

    Defamation And Hyperlinks

    On October 19, 2011, the Supreme Court of Canada issued an important decision regarding application of the law of defamation to Internet hyperlinks that lead to defamatory material.
    CanadaMedia, Telecoms, IT, Entertainment
    Fasken
    Fasken
  • Article

    New Technical Amendments Permit Non-Canadian Trust Units Including ETFs To Be Qualified Securities

    On October 24, 2012, the Minister of Finance (Canada) tabled a Notice of Ways & Means Motion (the "Notice of Ways & Means Motion") containing almost 1000 pages of technical amendments to the Income Tax Act (Canada) (the "ITA").
    CanadaTax
    Fasken
    Fasken
  • Article

    Buying An Aircraft? Canada's New Mega Deduction Could Change The Economics

    Earlier this year, in our What to Expect for 2026 in the Aviation Sector in Canada bulletin, we noted that 2026 would likely become a defining year for tax planning in the Canadian business aviation sector. Recent developments appear to confirm that prediction
    CanadaTransport
    Fasken
    Fasken
  • Article

    Agreement Amongst Competition Authorities Of The G7 Countries On The Digital Economy

    The Competition authorities of the G7 countries (Canada, France, Germany, Italy, Japan, the U.K. and the U.S.) and the European Commission have reached a common agreement
    GlobalAntitrust/Competition Law
    Fasken
    Fasken
  • Article

    Elections Of Directors And Shareholder Proposals: Amendments To The Canada Business Corporations Act Which Came Into Force On August 31, 2022

    The amendments require that corporations hold a separate vote for each candidate for the position of director.
    CanadaCorporate/Commercial Law
    Fasken
    Fasken
  • Article

    Canadian Government Makes Changes To Maternity, Parental And Caregiving Benefits And Takes Action Against Harassment And Violence In The Workplace | The HR Space

    The federal government's previously announced changes to the Employment Insurance ("EI") program concerning parental, maternity and caregiving benefits will come into effect on December 3, 2017.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Fixed Term Contract Strikes Again: Court Awards $1.27 Million To Employee For Dismissal During The Term

    Fixed term employment contracts can be useful. Employers can hire an employee for a specific period of time (like a maternity leave) or for a project with a set end date.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Article

    Government Of Canada Launches Second Round Of Consultations On Canada Labour Code Reform

    This bulletin provides an update to our April 2026 bulletin in which we reported on the federal government's launch of consultations on potential reform to the Canada Labour Code ("Code"). On July 3, 2026, the Government of Canada announced a second round of consultations. This second phase will build on, and go deeper into, a targeted subset of issues emerging from the first round of consultations.
    CanadaEmployment and HR
    Fasken
    Fasken
  • Showing 541–560 of 3603 results

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