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Labour & Employment


Friday, May 19, 2017 @ 03:00 PM

B.C. case highlights need for written agreements for securities issuers Adam Shee

The British Columbia Court of Appeal has dismissed an appeal of a $55,000 award in quantum meruit compensation, ruling that “the appellant did not establish that the award was founded upon a misapprehension of the evidence or the payment of a finder’s fee would have been illegal.” ... [read more]

Friday, May 19, 2017 @ 08:58 AM

Updated: Women get to bench on ‘merit alone’ not ‘quotas’ Wilson-Raybould insists Balancing the judiciary

Federal Justice Minister Jody Wilson-Raybould rejects the suggestion that she has been appointing female jurists to the superior courts over the heads of better-qualified men — a notion also contested by the Canadian Bar Association (CBA) which continues to push for more women judges. ... [read more]

Friday, May 19, 2017 @ 08:27 AM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Legal rights - Right to an interpreter - Official languages of Canada

Appeal by Industrielle Alliance (IA) from a decision allowing Mazraani’s appeal from a Tax Court of Canada (TCC) decision finding that he was an independent contractor and was therefore not eligible for employment insurance benefits. Mazraani was hired by IA in April 2012 as a financial advisor. After Mazraani’s employment was terminated, the Canada Revenue Agency determined that he did not occupy insurable employment within the meaning of s. 5(1)(a) of the Employment Insurance Act. The Minister subsequently confirmed the decision. Mazraani appealed to the TCC. Mazraani, who was self-represented, submitted his notice of appeal in English. The Minister submitted her reply in English. IA submitted its notice of intervention in French. On the second day of the hearing, language issues arose when counsel for IA indicated that his first witness would be testifying in French. Mazraani indicated that he would need an interpreter. Rather than adjourn the hearing, the judge granted a break for counsel to devise a compromise, which he accepted. During the examination of another witness, who wished to testify in French, the judge interrupted and asked that the examination be conducted in English. Ultimately, the judge overturned the decision and found that Mazraani was engage in insurable employment. IA appealed, arguing that there were multiple violations of the official language rights of witnesses and its counsel during the hearing before the TCC. ... [read more]

Thursday, May 18, 2017 @ 02:29 PM

Langlois launches legal services program for startups

Langlois lawyers has announced the launch of L-inc. Project, a legal services program for innovative, growing startups. ... [read more]

Wednesday, May 17, 2017 @ 02:02 PM

Bennett Jones' Agarwal wins CBA pro bono award

Ranjan Agarwal, a partner in Bennett Jones' Toronto office, is the winner of the 2017 Canadian Bar Association (CBA) Young Lawyers Pro Bono Award. ... [read more]

Tuesday, May 16, 2017 @ 03:24 PM

B.C. Court of Appeal dismisses former CFL player’s concussion lawsuit Robyn Wishart

The British Columbia Court of Appeal has dismissed a lawsuit by a former Canadian Football League (CFL) player against the league after he alleged it failed to provide safe working conditions when he sustained a head injury while playing football in 2012. ... [read more]

Friday, May 12, 2017 @ 03:13 PM

Prosecutor Riley named B.C. Supreme Court judge

Minister of Justice Jody Wilson-Raybould announced on May 12 that Paul Riley, senior general counsel with the Public Prosecution Service of Canada, has been appointed a judge of the Supreme Court of British Columbia in Vancouver. ... [read more]

Friday, May 12, 2017 @ 03:10 PM

Fasken hosts seminar on restrictive covenants

Setting restrictions on what an employee can do after termination of employment is vital for protecting your organization’s interests. ... [read more]

Tuesday, May 09, 2017 @ 11:34 AM

Pro Bono Ontario to offer free advice to businesses at seminar

Enterprise Toronto is hosting a seminar to provide free legal advice for businesses on May 12 in Toronto. ... [read more]

Tuesday, May 09, 2017 @ 08:33 AM

LABOUR RELATIONS - Employees - Wages and remuneration - Layoff pay - Severance pay - Entitlement and computation

Application by the Research Council Employees’ Association and five workers for judicial review of a decision by the Public Service Labour Relations and Employment Board dismissing their grievances. The Association was the bargaining agent for employees with the National Research Council of Canada (NRC). The Association filed a policy grievance in respect of the NRC's practice of computing severance pay for employees laid off from the Technical Category Bargaining Unit (TCBU). The five applicant workers were members of the TCBU who were laid off by the NRC in 2013. They filed individual grievances concerning severance amounts payable under the collective agreement. The Board determined the policy and individual grievances together, finding in favour of the NRC's position. The Board held that the act of cashing out accumulated severance benefits reduced the amount payable in respect of the layoff, so as to avoid pyramiding benefits under the maximum total benefit cap. The applicants sought judicial review. ... [read more]