Articles 2023

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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

Striking Equilibrium in Secondary Market Class Actions

  • May 09, 2018
  • Brandon Kain and Sabrina Bruno, McCarthy Tetrault

In Amaya, the Quebec Court of Appeal reinforced the legislative purpose of the leave requirement in secondary market class actions, as being the protection of public issuers and their long-term shareholders, and not the plaintiff-shareholders., holding that "the purpose of the screening mechanism [is] to deter opportunistic or abusive litigation by plaintiff-shareholders who inappropriately wish to take advantage of the favourable conditions for secondary market actions against issuers."

Class Actions, Student Forum

Contested Terrain: How to Be a Public Interest Lawyer

  • May 09, 2018
  • Robin Bates

On April 23, 2018, a group of public sector lawyers and attendees gathered to discuss the practical and ethical challenges of acting in the public interest within the broader public sector.

Public Sector Lawyers, Student Forum

Ontario Court of Appeal Summaries (April 23 – April 27, 2018)

  • April 30, 2018
  • John Polyzogopoulos

Topics covered this week included two procedural fairness decisions (one relating to interpreting a contract in a way neither party argued, the other relating to the effect of a lengthy adjournment mid-trial), repair and storage liens in the automobile insurance context, the tort of conversion, as well as several short procedural decisions.

Civil Litigation, Student Forum