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  • Article

    Case Note: Age Discrimination Case Has No Reasonable Probability For Success

    The Ontario Divisional Court confirmed in Gill v. Human Rights Tribunal of Ontario, that there was no need for the Human Rights Tribunal to conduct a full hearing into a human rights complaint.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Duty To Accommodate

    The employer was held liable for compensation of $35,000 for the employee’s intangible loss and was directed to hire a professional to draft an accommodation policy.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Employer Refusal To Substitute Non-Sunday Work Hours Upheld

    The employer had no obligation to allow the employee to make up declined Sunday hours so that he could maintain his prior level of earnings.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Global Payroll To Be Considered In Determining Whether Severance Pay Is Required

    In Paquette c Quadraspec Inc., 2014 ONCS 2431, the Court held that the employer's global payroll was to be considered in determining whether the obligation to provide severance pay was triggered.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Importance Of Consistency

    In Direct Energy Marketing Limited and Unifor, Local 975, 2014 CanLII 657, an arbitrator refused to depart from a prior arbitral award despite his preference for a contrary line of authority.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Jurisdiction Of Grievance Board Considered

    In AUPE v Alberta, 2014 ABCA 43, the Alberta Court held that the essential character of a dispute between the parties was beyond the jurisdiction of a grievance arbitration board where it involved the constitutional validity of s 12(1) of Public Service Employee Relations Act.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Mental Stress Provisions Of WSIA Ruled Discriminatory

    The Workplace Safety and Insurance Appeals Tribunal allowed an appeal from denial of a nurse's claim arising from some 12 years of verbal abuse from a doctor with whom she worked.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: On Playing Baseball While On Sick Leave

    In Telus Communications Inc. v. Telecommunications Workers’ Union, the court upheld the termination of a grievor.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: One Step Closer To A Constitutionally-Protected Right To Strike

    To date, the Supreme Court of Canada has not recognized a constitutionally protected right to strike a right.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Public Service Salary Restraint Act Operation Enjoined

    An Alberta court enjoined the operation of the Public Service Salary Restraint Act that would have imposed the 2011 collective agreement on the members of the Crown bargaining unit for a four year term.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Case Note: Restrictive Covenant Preventing Post-Employment Competition Upheld

    The lower court found that the covenant was in restraint of trade, ambiguous and unenforceable.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Managing Medical Marijuana In The Workplace In Canada

    Federal regulations permit access to marijuana for medical purposes, and the use of marijuana can become a complicated issue in the workplace.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    EPA Releases New "Waters Of The United States" Rule

    Yesterday the United States Environmental Protection Agency and the Corps of Engineers released a pre-publication, final version of a new rule defining the scope of "waters of the United States" under the Clean Water Act.
    CanadaEnvironment
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Proposed Ban On "Pay-to-Pay" Practices By Banks

    Legislation to prohibit "pay-to-pay" practices by banks has not yet been drafted. Therefore, at this point, we do not know exactly what will be prohibited.
    CanadaFinance and Banking
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Avian Flu Found In Birds On Eight Farms In British Columbia; Seven Countries Ban Imports

    In early December 2014, an outbreak of H5N2 strain of avian influenza was found in BC.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Consumer Claims Under Canada's Patent Regime Foreclosed

    The Court accepted that where Parliament has comprehensively legislated in a particular area, as it has in respect to patents, it was reasonable to infer that it did not intend recovery to extend beyond those embodied in the regime.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Contrefaçon De Clavier De Blackberry : C'est Réglé!

    Pour conclure la série de billets sur l'affaire des claviers brevetés par Blackberry, et les accusations de contrefaçon ICI, un règlement a été annoncé.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Ontario To Introduce Enhanced Privacy Legislation For Healthcare Data

    The Government of Ontario announced on June 10 that it intends to introduce amendments to the province's Personal Health Information Protection Act (PHIPA) that, if passed, would strengthen privacy rules...
    CanadaPrivacy
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    New Canadian Mining Tax Measures

    The Canadian federal government announced two new tax measures to support the Canadian mining industry on March 1, 2015.
    CanadaTax
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    US Authorities Help Competition Bureau To Secure US-based Documents

    The US District Court of Maryland's recent decision concerning Aegis Mobile, LLC signals a major development in cross-border regulatory enforcement and cooperation between Canada and the United States.
    WorldwideAntitrust/Competition Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP

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