Articles 2023

Today
Today

The Race to Declare Trans Mountain a "Work for the General Advantage of Canada"

  • May 11, 2018
  • Zackery M. Shaver, Library of Parliament

The race to seek a resolution in Kinder Morgan’s hard-fought Trans Mountain Pipeline saga is making headlines. Kinder Morgan, in news reports, has imposed a May 31 deadline, after which it will cancel its multibillion dollar pipeline project. Meanwhile, Alberta Senator Douglas Black has tabled a public bill that would see that the “Trans Mountain Pipeline Project and related works are declared to be works for the general advantage of Canada.”

Student Forum, Young Lawyers' Division

So You’ve Finished your Articles: Five tips for the post-articling transition

  • May 11, 2018
  • Calvin Hancock

The typical articling term involves a steep learning curve and long hours. It can be difficult to think about or plan for life after that ten-month end date. But once you’ve run the gauntlet and been called to the bar, it’s time to transition into life as an associate. The following observations and tips, learned through experience, can ease this transition.

Student Forum, Young Lawyers' Division
Federal Government Introduces Legislation to Address Violence and Harassment in the Workplace

Federal Government Introduces Legislation to Address Violence and Harassment in the Workplace

  • May 10, 2018
  • Matthew Craig

In the wake of the #MeToo campaign, which has grown to include several shocking revelations of sexual harassment on Parliament Hill, the Government of Canada has introduced Bill C-65 – An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1.

Labour and Employment Law, Student Forum
Assessing Random Drug and Alcohol Policies: Recent Guidance from BC

Assessing Random Drug and Alcohol Policies: Recent Guidance from BC

  • May 10, 2018
  • Tyler Boggs

The recent case of USW Locals 7884 and 9346 v Teck Coal Ltd (Fording River and Elkview Operations) affirms the general arbitral consensus that, absent sufficient evidence of a workplace problem with drug and alcohol use, the implementation of a random drug and alcohol testing policy is likely to be dismissed as an unreasonable exercise of management rights.

Labour and Employment Law, Student Forum
'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