ArticleReferences, Reasons And ReleasesAfter termination, these three words beginning with the letter "R" can raise serious issues for both the former employer and the departed employee. CanadaEmployment and HRStewart McKelvey
ArticleThe Duty To Inquire: The Problem With Turning A Blind EyeYou have heard this scenario before: An employee is constantly showing up late (or not showing up at all), being insubordinate or argumentative, or worse - completely unmanageable, so the employer then dismisses the employee. CanadaEmployment and HRStewart McKelvey
ArticleToo Essential To Strike? The "Essentials" Of The SCC Decision In Saskatchewan Federation Of LabourLast week, the Supreme Court of Canada struck down Saskatchewan's essential services legislation, which prevented a wide range of public sector employees from striking. CanadaEmployment and HRStewart McKelvey
ArticleTop 10 Considerations For Workplace (And Thereabouts) Sexual MisconductOver the past year Jian Ghomeshi went from being the "King of Spain" to eating "Humble Pie" (if you are too young/old to know what this is referring to, search "Moxie Früvous"). CanadaEmployment and HRStewart McKelvey
ArticleWorkplace Investigation Helps Avoid Costly LitigationThe British Columbia Human Rights Tribunal ("BCHRT") recently dismissed a complaint of discrimination in the workplace, stating that the employer's investigation, and settlement offer...CanadaEmployment and HRStewart McKelvey
ArticleAdopting The Changes - Amendments To The New Brunswick Family Services Act Lead To Opening Of Sealed Adoption RecordsOn May 5, 2017, An Act Respecting the Opening of Sealed Adoption Records ("Act") received royal assent, leading to significant changes for birth parents and adoptees across the province.CanadaFamily and MatrimonialStewart McKelvey
ArticleTWU's Law School Still TBD: Reviewing The Ontario Div Court Decision In TWU v LSUCThe controversy continues with the release of the Ontario Divisional Court decision in Trinity Western University v The Law Society of Upper Canada, 2015 ONSC 4250...CanadaLitigation, Mediation & ArbitrationStewart McKelvey
ArticleCanada's Digital Charter – A Principled Foundation For A Digital Future?Innovation, Science and Economic Development (ISED) Canada has announced Canada's new Digital Charter. CanadaPrivacyStewart McKelvey
ArticleLand Use Planning In Prince Edward Island: The Year In ReviewOnce again, the time has come to review the year that was and to chart the course for the year ahead.CanadaReal Estate and ConstructionStewart McKelvey
ArticleClean Sweep: Federal Government Tables Legislation For Clean Technology Investment Tax CreditOn November 30, 2023, the Federal Government tabled Bill C-59, entitled An Act to implement certain provisions of the fall economic statement tabled in Parliament...CanadaTaxStewart McKelvey
Article10 Things Employers Need To Know About Employing Temporary Foreign WorkersThese days, Canada’s Temporary Foreign Worker Program is more top of mind than ever for Canadian employers. CanadaEmployment and HRStewart McKelvey
ArticleDiversity Disclosure Under The Canada Business Corporations ActStarting January 1, 2020 "Distributing Corporations" under the Canada Business Corporations Act ("CBCA") will be subject to new disclosure requirements relating to the diversity of directors and ...CanadaCorporate/Commercial LawStewart McKelvey
ArticleIntellectual Property Ownership: Employer Or EmployeeIn Canada, there are a few basic intellectual property ownership rules which must be considered in determining whether the employer or the employee has certain rights to the subject matter in question. CanadaEmployment and HRStewart McKelvey
ArticleThe Prince Edward Island Labour Relations Board Carves Out A Group Of Firefighters From An Existing Bargaining UnitThe Board recognized the well-established principle that most labour boards prefer to consolidate bargaining units, rather than break apart, or fragment, existing unitsCanadaEmployment and HRStewart McKelvey
ArticleWhat About The Old People?The basis of family status extends beyond childcare; there is also the developing issue of eldercare, that is, when members of the workforce need to take time away from work in order to tend to the needs of elderly and infirm parents. CanadaEmployment and HRStewart McKelvey
ArticleWhat Do I Do With The Kids? Finding A Reliable Babysitter – Now An Employer IssueEmployers are prohibited from discriminating against employees based on "family status" under the Human Rights legislation in every Canadian jurisdictions, except in New Brunswick.CanadaEmployment and HRStewart McKelvey
ArticleWhat Do The Words "We Have An Agreement" Mean?As is always the case, we encourage you to read the full-text of the case for a broader understanding of what happened by clicking on the case-link above.CanadaEmployment and HRStewart McKelvey
ArticleForward Focus: Canada's Ambitious Immigration PlanThe Government of Canada has continued their whirlwind year of immigration program announcements by revealing their plan to modernize and improve the country's immigration system. CanadaImmigrationStewart McKelvey
ArticleThe Perils Of Congratulating Celebrities Without Their Permission: Michael Jordan v. Jewel Food Storage, Inc. Et Al, USCA, 7th Cir., February 19, 2014In September, 2009, Michael Jordan, the basketball great, was inducted into the Basketball Hall of Fame in USA. CanadaIntellectual PropertyStewart McKelvey
ArticleRecent Supreme Court Of Nova Scotia Decision Drives Home The Importance Of CredibilityOn December 14, 2018, Justice Christa Brothers, of the Supreme Court of Nova Scotia, released a 52-page decision in the recent case of Gale v. Purcell, 2018 NSSC 319.CanadaLitigation, Mediation & ArbitrationStewart McKelvey