ArticleLeave For Appeal To The SCC Granted In Mccormick v. Fasken Martineau Dumoulin LLPA discussion on the Supreme Court of Canada granting leave to appeal in McCormick v. Fasken Martineau Dumoulin LLP. CanadaEmployment and HRDLA Piper
ArticleCase Review: McCormick v. Fasken Martineau DuMoulin LLPThe Supreme Court of Canada ruled that Mr. McCormick could not avail himself of the protection afforded to employees pursuant to the BC "Human Rights Code".CanadaEmployment and HRClark Wilson LLP
ArticleOsoyoos Indian Band And Merit Mining Corp. Achieve Milestone Impacts And Benefits AgreementFasken Martineau DuMoulin LLP assisted Merit Mining Corp. (TSX: MEM) to negotiate and conclude an Impact and Benefits Agreement (IBA) with the Osoyoos Indian Band.CanadaEnergy and Natural ResourcesFasken
ArticleInternational Technology Outsourcings Give Rise to Unique Legal and Business ChallengesTechnology and business process outsourcing is going global and law firms worldwide are embracing this specialized practice area.CanadaStrategyFasken
ArticleBC Court Of Appeal Concludes That A Partner Is Not An Employee Of A PartnershipOn July 19, 2012, the British Columbia Court of Appeal released its decision on the issue of whether a partner in a partnership is an employee of that partnership for the purposes of the BC Human Rights Code. CanadaGovernment, Public SectorStikeman Elliott LLP
ArticleSupreme Court Of Canada Finds Mandatory Retirement Lawful In Professional PartnershipsThe Supreme Court of Canada has upheld a law firm partnership's mandatory retirement policy in McCormick v. Fasken Martineau DuMoulin LLP, 2014 SCC 39. In doing so the Court found that the partner was not an "employee" entitled to age discrimination protection under the British Columbia Human Rights Code (the "Code").CanadaEmployment and HRMcMillan LLP
ArticleDoes A Mandatory Retirement Policy In A Partnership Agreement Constitute Age Discrimination Under The Human Rights Code? Not In This Case, Says The B.C. Court Of AppealIn a recent decision of the British Columbia Court of Appeal, Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), the Court held that an equity partner of a law firm partnership was not considered an "employee" for the purposes of the British Columbia Human Rights Code (the "Code").CanadaEmployment and HRDale & Lessmann LLP
ArticleThe IP Year 2007 In Review: Focus On The UKFollowing our very successful The IP Year 2006 In Review,1 rated most popular Canadian article on the MONDAQ® website (www.mondaq.com) in February 2007, Fasken Martineau’s Intellectual Property ("IP") Group is pleased to present The IP Year 2007 in Review focusing on IP developments in the U.K. Our synopsis of the year 2007 significant IP related decisions and noteworthy developments in U.K. law will be helpful and informative for those interested in doing business in the U.K. since these may afUnited KingdomIntellectual PropertyFasken
ArticleWho Is An "Employee" Under The British Columbia Human Rights Code?The Supreme Court of Canada has provided some important guidance regarding who qualifies as an "employee" under the British Columbia Human Rights Code.CanadaEmployment and HRLawson Lundell LLP
Article"Partners In A Common Enterprise": The Supreme Court’s Judgment In "Mccormick v. Fasken Martineau Dumoulin LLP"The Supreme Court’s unanimous decision determined that an equity partner in a large national law firm was not an employee under BC human rights legislation.CanadaEmployment and HRBorden Ladner Gervais LLP
ArticleSupreme Court Distinguishes Between A Partner And An Employee In A Discrimination ComplaintThe Supreme Court of Canada has ended the uncertainty generated by the case of McCormick v Fasken Martineau Dumoulin LLP (Fasken).CanadaEmployment and HRNorton Rose Fulbright Canada LLP
ArticleWhen Is A Partner Not A Partner? Control, Dependency And The Lurking Spectre Of A Duty Of "Good Faith"The Supreme Court of Canada upheld the decision that an equity partner in a law firm was not an employee for the purposes of the B.C. Human Rights Code.CanadaEmployment and HRMcCarthy Tétrault
ArticleProfessional Services Partnerships And Human Rights LegislationThe Supreme Court of Canada has established the scope of the definition of "employee" in human rights legislation, holding that an equity partner in a law firm does not amount to an employee for the purposes of the British Columbia Human Rights Code, R.S.B.C. 1996, c.210 (the "Code").CanadaEmployment and HRTorkin Manes LLP
ArticleSupreme Court Of Canada Rules On The Definition Of "Employee" In Human Rights LegislationThe Supreme Court of Canada released a decision on May 22, 2014 which is of great interest for lawyers, accountants, financial advisors, and other professionals who operate through partnerships. CanadaEmployment and HRMiller Thomson
ArticleThere Are Times When You Don’t Want To Make Partner…The Supreme Court of Canada nd the Supreme Court of the United Kingdom both had cause to consider the nature of partnership.CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
ArticleParent Corporation Liability For Foreign SubsidiariesCanadaEnvironmentFasken Martineau DuMoulin LLP
ArticleThe IP Year 2007 In Review: Copyright (Part 3)As a result of significant judicial and legislative action, the year 2007 saw several important developments in Canadian copyright law. As a result of amendments to the Criminal Code stemming from complaints by movie industry groups such as the Canadian Motion Picture Distributors Association, "camcording" a film in a movie theatre was made an offence. CanadaIntellectual PropertyFasken
ArticleCanada’s New Rules For Shipping Waste And Dangerous GoodsCanadaEnvironmentFasken Martineau DuMoulin LLP
ArticleThe UK And Canadian Supreme Courts To Consider The Legal Status Of Equity PartnersA discussion on whether equity partners at professional firms can take advantage of statutory employment law protections. CanadaEmployment and HRMcCarthy Tétrault