ArticleAltering Outdated Job Description & Constructive DismissalIn the course of 20 years, the organization and technological infrastructure of a company is bound to undergo significant changes.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleDelayed Promotion Not Constructive DismissalIn the recent case of Penteliuk v CIBC World Markets Inc, the Ontario Superior Court held that an employee whose promised promotion was taking longer than expected was not constructively dismissed.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleExecutive’s Loss Of Share Unit Rights On Resignation EnforceableIn an interesting executive employment decision, the Ontario Superior Court of Justice recently upheld a contractual provision that resulted in forfeiture of restricted share units after resignation in Levinsky v The Toronto-Dominion Bank.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
Article"I Forgot My Doctor's Note" – Timeliness Of Medical Excuses For Workplace AbsencesWhen does an employee have to provide a Doctor's note to excuse a workplace absence? After the absence, during or before?CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleInvestigating Workplace Violence Under The Canada Labour CodeWhat responsibilities does a federal employer have to appoint a competent person to investigate a complaint of work place violence under the Canada Labour Code?CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleNotice Rights – What Rights Do Employees Have To Notice On Termination Of Employment?In Canada, particularly in the province of Quebec, the length of notice of termination to which an employee is entitled is fairly generous.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleOntario Court Of Appeal Rules On Interaction Between Human Rights Code & Federal Charter Of RightsThe Ontario Court of Appeal has recently upheld a decision of the Ontario Human Rights Tribunal which discussed the interaction of the Canadian Charter of Rights and Freedoms and the Ontario Human Rights Code with respect to discrimination in the employment context.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleTo Name Or Not To Name, That Is The Question…Surprisingly, name tag policies have become the subject of recent litigation and labour board decisions on the topic have been hitting the news. CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleUber Drivers Found To Employees In California: Canadian Provinces To Follow?A recent decision from the California Labour Commission (the Commission) has held that drivers from the popular Uber service are employees and not independent contractors.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleUnionized Employee Cannot Judicially Review Labour Arbitrator’s Decision Without UnionThe Ontario Divisional Court quashed an application for judicial review by an employee seeking to overturn an arbitrator’s decision denying his grievance.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleWatch What You Say: Off-Duty Conduct Can Lead To Serious Workplace ReprecussionsA few people have recently learned that publicly embarassing yourself outside of work can have a serious impact at work.CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleOutlook In Oil And Gas: Increasing Shareholder Activism In 2015Industry professionals envision an increase in shareholder activism in light of falling prices and growing activist investor successes.CanadaEnergy and Natural ResourcesNorton Rose Fulbright Canada LLP
ArticleThe Effects Of Lower Oil Prices In 2015A recent report by the Royal Bank of Canada reveals that lower oil prices may result in cuts to business investment in the oil and gas industry.CanadaEnergy and Natural ResourcesNorton Rose Fulbright Canada LLP
ArticleTransport Canada To Designate Some Crude Oil Shipped By Rail Or Truck As Highly DangerousTransport Minister Lisa Raitt recently let it be known that the Canadian federal government will for the first time be requiring some shippers of crude oil by rail or truck to put in place Emergency Response Assistance Plans (ERAPs) under the federal Transportation of Dangerous Goods Act, 1992.CanadaEnergy and Natural ResourcesNorton Rose Fulbright Canada LLP
ArticleBank Of Canada Looking To Update Lender Of Last Resort RulesOn May 5th, the Bank of Canada released a consultation paper on changes that it is considering making to its Emergency Lending Assistance program. CanadaFinance and BankingNorton Rose Fulbright Canada LLP
ArticleThe Capital Pool Company: Getting Private Companies AheadGoing public is, expectedly, the goal of many private companies and their founders. There are two methods of taking a private company public—initial public offerings (IPO) and reverse take-overs (RTO)—that draw the most attention in our capital markets and headlines, most often because of the lucrative opportunities or surprising arrangements that they create. CanadaFinance and BankingNorton Rose Fulbright Canada LLP
ArticleUpdate To Annual Financial Statements Requirement For Consistency With IFRS ReportingOn February 25, 2015, regulations amending the annual statement requirements for federally regulated financial institutions (FRFIs) were published in the Canada Gazette.CanadaFinance and BankingNorton Rose Fulbright Canada LLP
ArticleUS Justice Focuses On Individual Accountability- What Does It Mean For Canada?The US Deputy Attorney General, Sally Quillian Yates, recently released a memorandum (Yates Memo) in which she outlined a new strategy to help combat corporate fraud and other wrongdoing. CanadaFinance and BankingNorton Rose Fulbright Canada LLP
ArticleWaiting Game Continues Following Election Of New Federal GovernmentLast October 19th, a new federal Liberal government was elected ending nine years of rule by the Conservative Party. CanadaFinance and BankingNorton Rose Fulbright Canada LLP
ArticlePatient Privacy v. Class Notification: Patient Privacy Wins In British ColumbiaIn Logan v. Hong, the British Columbia Court of Appeal considered whether third party doctors across Canada were required to provide plaintiff’s counsel with the names and contact information of patients the doctors had injected with defendants’ product. CanadaFood, Drugs, Healthcare, Life SciencesNorton Rose Fulbright Canada LLP