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  • Article

    References, Reasons And Releases

    After termination, these three words beginning with the letter "R" can raise serious issues for both the former employer and the departed employee.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Duty To Inquire: The Problem With Turning A Blind Eye

    You 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Too Essential To Strike? The "Essentials" Of The SCC Decision In Saskatchewan Federation Of Labour

    Last 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Top 10 Considerations For Workplace (And Thereabouts) Sexual Misconduct

    Over 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Workplace Investigation Helps Avoid Costly Litigation

    The 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Adopting The Changes - Amendments To The New Brunswick Family Services Act Lead To Opening Of Sealed Adoption Records

    On 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 Matrimonial
    Stewart McKelvey
    Stewart McKelvey
  • Article

    TWU's Law School Still TBD: Reviewing The Ontario Div Court Decision In TWU v LSUC

    The 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 & Arbitration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Canada's Digital Charter – A Principled Foundation For A Digital Future?

    Innovation, Science and Economic Development (ISED) Canada has announced Canada's new Digital Charter.
    CanadaPrivacy
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Land Use Planning In Prince Edward Island: The Year In Review

    Once again, the time has come to review the year that was and to chart the course for the year ahead.
    CanadaReal Estate and Construction
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Clean Sweep: Federal Government Tables Legislation For Clean Technology Investment Tax Credit

    On 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...
    CanadaTax
    Stewart McKelvey
    Stewart McKelvey
  • Article

    10 Things Employers Need To Know About Employing Temporary Foreign Workers

    These days, Canada’s Temporary Foreign Worker Program is more top of mind than ever for Canadian employers.
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Diversity Disclosure Under The Canada Business Corporations Act

    Starting 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 Law
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Intellectual Property Ownership: Employer Or Employee

    In 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Prince Edward Island Labour Relations Board Carves Out A Group Of Firefighters From An Existing Bargaining Unit

    The Board recognized the well-established principle that most labour boards prefer to consolidate bargaining units, rather than break apart, or fragment, existing units
    CanadaEmployment and HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    What 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    What Do I Do With The Kids? Finding A Reliable Babysitter – Now An Employer Issue

    Employers 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    What 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 HR
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Forward Focus: Canada's Ambitious Immigration Plan

    The 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.
    CanadaImmigration
    Stewart McKelvey
    Stewart McKelvey
  • Article

    The Perils Of Congratulating Celebrities Without Their Permission: Michael Jordan v. Jewel Food Storage, Inc. Et Al, USCA, 7th Cir., February 19, 2014

    In September, 2009, Michael Jordan, the basketball great, was inducted into the Basketball Hall of Fame in USA.
    CanadaIntellectual Property
    Stewart McKelvey
    Stewart McKelvey
  • Article

    Recent Supreme Court Of Nova Scotia Decision Drives Home The Importance Of Credibility

    On 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 & Arbitration
    Stewart McKelvey
    Stewart McKelvey

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