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Your search for ‘Fulbright & Jaworski L.L.P.’ returned 53 results

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  • Article

    Resignation As A Bargaining Weapon – A Double-Edged Sword

    Threatening to resign, when used by an employee to bargain for better working conditions, is a weapon that cuts both ways.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Pharma In Brief: Federal Court Confirms That Where NOA Is Withdrawn, PM(NOC) Application For A Prohibition Order Is Moot

    Eli Lilly Canada Inc. brought an application under the "Patented Medicines (Notice of Compliance) Regulations" for an Order prohibiting the Minister of Health from issuing a Notice of Compliance to Teva Canada Limited.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Private Arbitration Clauses, Class Action Waivers And Canada’s Competition Act

    The Federal Court of Appeal’s recent decision in Murphy v Amway Canada Corp. has clarified the findings in Seidel v TELUS Communications confirming that in the absence of express statutory language overriding mandatory arbitration agreements and class action waivers, courts will continue to give effect to the parties’ agreements to arbitrate individually and not by class action.
    CanadaLitigation, Mediation & Arbitration
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Court Of Appeal Refuses To Authorize A Class Action Essentially Based On Statistical Evidence

    On February 21, the Quebec Court of Appeal refused to authorize a class action against several oil companies distributing gasoline in Quebec (Lorrain c Petro-Canada, 2013 QCCA 332).
    CanadaInsurance
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Notice Of Resignation: Will Employers Still Be Notified Before An Employee Leaves?

    In a recent decision, the Quebec Court of Appeal ruled for the first time that an employer can waive the notice given by an employee who resigns.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Set Your Co-worker On Fire? It May Not Be Cause For Dismissal

    Dryco Drywall Supplies Ltd. v Teamsters Local Union 213 is an important reminder to employers that even extreme acts of workplace misconduct may not give rise to just cause for dismissal.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Bargaining Hard Is Not Always Bargaining In Bad Faith

    The Superior Court1 has reversed a Commission des relations du travail (CRT) ruling that the Government of Quebec had negotiated in bad faith in the 2003-2005 collective bargaining round with the public and parapublic sectors.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Psychological Harassment Complaints – When The Investigator Gets Sued

    In a recent judgment by the Court of Québec which may raise a few eyebrows, an investigator hired by an employer to inquire into psychological harassment complaints was ordered to pay an alleged harasser moral damages for pain and suffering.
    CanadaEnergy and Natural Resources
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Practical Implications Of The Supreme Court Of Canada’s Decision In (Re) Indalex

    The Supreme Court of Canada’s decision in (Re) Indalex has changed the landscape for both lenders and borrowers in Canada who sponsor registered defined benefit pension plans.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Supreme Court Of Canada Restores Super-Priority Of DIP Lenders In CCAA Proceedings

    In (Re) Indalex, the Supreme Court of Canada (SCC) affirmed the super-priority of the security granted to a debtor-in-possession (DIP) lender, over a deemed trust created under provincial pension legislation, in the context of a Companies’ Creditors Arrangement Act (CCAA) proceeding.
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Proposed Changes To Regulations Designating Projects Subject To Canadian Federal Environmental Assessment Have Been Published For Public Comment

    On April 12, 2013, the Canadian Environmental Assessment Agency (the Agency) issued a public notice regarding proposed amendments to the Regulations Designating Physical Activities (Project List).
    CanadaEnvironment
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Requiring Foreign Investors To Spend Specific Amounts In R&D Violates NAFTA Chapter 11: Decision On Liability In Mobil v Canada

    The decision in "Mobil Investments Canada Inc. and Murphy Oil Corporation v Government of Canada" under ICSID’s Additional Facility Rules has found a petroleum board’s imposition of a new requirement on foreign investors to spend millions of dollars per year in research and development and education and training in breach of Chapter 11 of the North American Free Trade Agreement.
    CanadaInternational Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Agreement Respecting Reduction Of Labour Costs Does Not Violate, Based On Age, The Right To Equality In Employment – Quebec Court Of Appeal

    In a recent ruling setting aside a decision by the Human Rights Tribunal (Tribunal), the Quebec Court of Appeal found that an agreement entered into by the Government of Quebec and the Syndicat des constables spéciaux du gouvernement du Québec to reduce labour costs does not violate, based on age, the right to equality in employment protected by the Charter of human rights and freedoms (Charter).
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Health and Safety Trumps Employee’s Seniority

    In a recent decision, an Ontario arbitrator has upheld the dismissal of a grievor with 37 years of service for repeated violations of the company’s health and safety rules and policies.
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Keewatin v Ontario: Court of Appeal Affirms Ontario’s Unilateral Ability To Take Up Treaty Lands

    On March 18, 2013, the Court of Appeal released its highly anticipated decision in Keewatin v Ontario (Minister of Natural Resources).
    CanadaGovernment, Public Sector
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    $150-Million Lawsuit Against University Dismissed As Abuse Of Process

    On April 11, 2013, the Ontario Superior Court dismissed a $150-million claim for damages by three former medical residents against the University of Ottawa.
    CanadaInsurance
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Pharma In Brief - Canada: USTR Slams Canada Over The Treatment Of Pharmaceutical Patents

    On May 1, 2013, the United States Trade Representative ("USTR") released its annual IP report for 2013.
    CanadaIntellectual Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Imputation By The CSST Of Medical Visit Costs Of Employees Whose Injuries Are Consolidated Without Permanent Impairment Or Functional Limitation – Keep An Eye On Your Monthly Statements!

    In a much-anticipated decision, on February 14, 2013, the Superior Court ruled on the imputation of medical visit costs by the Commission de la santé et de la sécurité du travail (CSST).
    CanadaEmployment and HR
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Is Canada About To Overhaul Its Marine Environment Risk Management Regime?

    On February 5, 2013, the Report of the Commissioner of the Environment and Sustainable Development was released to the public.
    CanadaTransport
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Pharma In brief - Canada: Patent For Esomeprazole Tablets Found Not To Be Obvious

    AstraZeneca Canada Inc. and AstraZeneca AB ("AstraZeneca") brought an application pursuant to section 6 of the Patented Medicines (Notice of Compliance) Regulations for an order prohibiting the Minister of Health from issuing a Notice of Compliance to Ranbaxy Pharmaceuticals Canada Inc.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Showing 21–40 of 53 results

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