Articles 2020

Today
Today
'In Accordance with ESA' Not Good Enough to Oust Common Law Reasonable Notice

'In Accordance with ESA' Not Good Enough to Oust Common Law Reasonable Notice

  • May 10, 2018
  • Barry Fisher

A recent Alberta Court of Appeal decision ruled that a clause indicating that upon termination the employee would only receive notice “in accordance with the provincial legislation for the province of employment" was not sufficient to oust the employee's entitlement to common law reasonable notice.

Labour and Employment Law, Student Forum
Recent Court of Appeal Decision on Bonus and Benefits Over the Notice Period

Recent Court of Appeal Decision on Bonus and Benefits Over the Notice Period

  • May 10, 2018
  • Ozlem Yucel

A recent Ontario Court of Appeal decision confirmed that that test set out in Paquette continues to govern the determination of whether an employee is entitled to a bonus over the notice period. Further, the assessment of an employee’s damages on account of lost benefits is not based on the employee’s replacement costs of those benefits over the notice period, but rather on the pecuniary value of lost benefits flowing from termination.

Labour and Employment Law, Student Forum

Life Insurance Joint Tenants

  • May 10, 2018
  • Corina Weigl, Fasken LLP

Joint ownership of property is one of the most commonly used strategies for property ownership in the context of developing an estate plan. There are specific nuances that must be addressed when dealing with jointly owned life insurance.

Student Forum, Trusts and Estates Law

Construction Legislation Reform in Canada – Prompt Payment

  • May 10, 2018
  • Andrew J. O’Brien and Ted Betts

In the last few years the momentum for change has grabbed hold of the construction industry in Canada, and pulled tight on the reins. Several provinces, as well as the federal government, have been grappling with the issue of prompt payment on construction projects, and trying to determine how best to incorporate the rights and concerns of the most vulnerable parties who are lower down the pyramid: the construction trades.

Construction and Infrastructure Law, Student Forum

How Smart is Your Contract? Legal Considerations Around Smart Contracts

  • May 10, 2018
  • Imran Ahmad

Blockchain technology and smart contracts have the potential to positively transform financial markets and the business of banking. While the associated benefits are promising, the application of blockchain technology to smart contracts brings with it important technical and legal issues.

Information Technology and Intellectual Property Law, Student Forum
If You Shouldn’t be Saying it, Don't: Sharing Confidential Information Can be Cause for Dismissal

If You Shouldn’t be Saying it, Don't: Sharing Confidential Information Can be Cause for Dismissal

  • May 10, 2018
  • Nadia Zaman and Stuart Rudner

In Manak v Workers' Compensation Board of British Columbia, 2018 BCSC 182, the British Columbia Supreme Court held that where a managerial employee breaches his or her confidentiality obligations, the employer may have just cause for dismissal. This decision not only shows that breach of confidentiality obligations can constitute just cause for dismissal, but also emphasizes the importance of a properly executed release.

Labour and Employment Law, Student Forum

COURT OF APPEAL SUMMARIES (April 30 - May 4, 2018)

  • May 10, 2018
  • John Polyzogopoulos

Following are summaries of this week’s civil decisions of the Court of Appeal for Ontario, including Ontario Inc. v. Maple Leafs Foods Inc., in which the Court decided Maple Leafs Foods did not have a duty not to harm the reputation or profits of Mr. Sub franchisees who sold Maple Leaf meats; and, on the Criminal Law front, the Court's decision in R. v. Forcillo, in which the appeal from the conviction of the constable for attempted murder was dismissed.

Civil Litigation, Criminal Justice, Student Forum

Brown Bag Lunch - April 2018

  • May 10, 2018
  • Noah Weisberg, Associate, Hull & Hull LLP, Alyssa Mitha, Student-at-Law, Hull & Hull LLP,

During the April BBL, the group discussed a number of issues, including the impact of posthumous conception on estate planning, revocation clauses, and submitting a court certified copy of a will to probate where the original will was retained in the jurisdiction in which it was originally probated.

Student Forum, Trusts and Estates Law

What's New in Pensions & Benefits

  • May 10, 2018
  • Evan Shapiro and Michelle Rival

Final funding regulations for single employer plans, proposed funding rules for target benefit multi-employer pension plans, pay transparency legislation, and proposed changes to certain CPP benefits...

Pensions and Benefits Law, Student Forum