ArticleOilpatch Volatility May Generate Deal-Making OpportunitiesAccording to some commentators, ongoing volatility in oil prices may result in increased M&A activity in the Canadian oilpatch.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleCase Note: 12 Months' Salary In Lieu Of Notice Awarded After Only 19 Months EmploymentIn Felice v. Cardinal Health Canada Inc., 2014 ONSC 1190, a senior executive was awarded damages of 12 months' salary and benefits after a total of only 19 months' employment with the hiring company and its successor. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Age Discrimination Case Has No Reasonable Probability For SuccessThe 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 HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Duty To AccommodateThe 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 HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Employer Refusal To Substitute Non-Sunday Work Hours UpheldThe 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 HRNorton Rose Fulbright Canada LLP
ArticleCase 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 HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Importance Of ConsistencyIn 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 HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Jurisdiction Of Grievance Board ConsideredIn 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 HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Mental Stress Provisions Of WSIA Ruled DiscriminatoryThe 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 HRNorton Rose Fulbright Canada LLP
ArticleCase Note: On Playing Baseball While On Sick LeaveIn Telus Communications Inc. v. Telecommunications Workers’ Union, the court upheld the termination of a grievor.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: One Step Closer To A Constitutionally-Protected Right To StrikeTo date, the Supreme Court of Canada has not recognized a constitutionally protected right to strike a right.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Public Service Salary Restraint Act Operation EnjoinedAn 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 HRNorton Rose Fulbright Canada LLP
ArticleCase Note: Restrictive Covenant Preventing Post-Employment Competition UpheldThe lower court found that the covenant was in restraint of trade, ambiguous and unenforceable.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleManaging Medical Marijuana In The Workplace In CanadaFederal regulations permit access to marijuana for medical purposes, and the use of marijuana can become a complicated issue in the workplace.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleEPA Releases New "Waters Of The United States" RuleYesterday 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. CanadaEnvironmentNorton Rose Fulbright Canada LLP
ArticleProposed Ban On "Pay-to-Pay" Practices By BanksLegislation 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 BankingNorton Rose Fulbright Canada LLP
ArticleConsumer Claims Under Canada's Patent Regime ForeclosedThe 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 PropertyNorton Rose Fulbright Canada LLP
ArticleContrefaçon 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 PropertyNorton Rose Fulbright Canada LLP
ArticleOntario To Introduce Enhanced Privacy Legislation For Healthcare DataThe 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...CanadaPrivacyNorton Rose Fulbright Canada LLP
ArticleNew Canadian Mining Tax MeasuresThe Canadian federal government announced two new tax measures to support the Canadian mining industry on March 1, 2015.CanadaTaxNorton Rose Fulbright Canada LLP