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
ArticleEnvironmental Groups Lose Court Challenge Over Fracking Water UseThe British Columbia Supreme Court has dismissed a legal challenge to decisions of the B.C. Oil and Gas Commission (OGC) to grant successive, short-term approvals to EnCana Corporation to withdraw fresh water from B.C.'s lakes, rivers and streams for use in hydraulic fracturing operations.CanadaEnergy and Natural ResourcesNorton 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
ArticleA Closer Look At Exit Strategies For Privately Held CompaniesFor every privately held corporation, one of the most difficult, yet unavoidable decisions, will be implementing an exit strategy.CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleContent Management In M&AIn managing content, users must grow accustomed to the security and access controls available via virtual data rooms (VDR). CanadaCorporate/Commercial LawNorton Rose Fulbright Canada LLP
ArticleM&A Expectations On The RiseCurrently, 77% of companies are planning deals valued under $250 million, with 21% planning deals between $250 million and $1 billion. CanadaCorporate/Commercial LawNorton 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: 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: 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
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
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
ArticleUS Authorities Help Competition Bureau To Secure US-based DocumentsThe 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 LawNorton Rose Fulbright Canada LLP