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Thursday, February 14, 2019 @ 2:31 PM

Decisions involving termination of long-term employees should concern employers olderguyatdesk_sm.jpg

Employers considering terminating long-term employees in Canada should be aware of two relatively recent decisions. In one case, Dawe v. Equitable Life Insurance Co. of Canada 2018 ONSC 3130, the terminated employee, age 62, was a highly paid senior vice-president employed for 37 years when terminated. In the second case, Bailey v. Service Corp.International (Canada) ULC  [2018] B.C.J. No. 274, the 60-year-old employee had held a sales position for 17 years when terminated. These cases suggest that some courts believe that long-term employees of advanced age should not be terminated without being provided the financial equivalent of what they would have received had they been given reasonable notice. ... [read more]

Thursday, February 14, 2019 @ 1:35 PM

Imperfect science of cannabis impairment testing potleafdesk

Employers face a serious challenge in cannabis testing in the workplace — the current science cannot test for present impairment. Cannabis has unique qualities that make it unlike other drugs or alcohol. It is processed differently by the body, creates inactive byproducts and is retained in body tissue for weeks or longer. ... [read more]

Thursday, February 14, 2019 @ 9:44 AM

Pass the edibles: Proposed amendments to Cannabis Act cannabis_candy_sm

The federal government recently took a step forward to provide Canadians with additional means to indulge their cannabis craving. On Dec. 22, 2018, the proposed amendments to the Federal Cannabis Act (the Act) and the Cannabis Regulations (the Regulations) were released, paving the way for the legal sale of edibles, extracts and topicals containing cannabis. It is anticipated that these proposed amendments to the Act and Regulations will permit the sale of such products by Oct. 17, 2019; however, the legislation can provide for the legal sale of such products earlier if so declared by royal order. ... [read more]

Wednesday, February 13, 2019 @ 1:14 PM - Last Updated: Friday, February 15, 2019 @ 9:37 AM

Accommodation workshop to tackle gender identity, ‘needs’ versus ‘wants’ Stephanie_Ramsay_sm

The duty to accommodate gender identity in the workplace is a “hot button issue” for employers due to it still being new territory, says a lawyer set to lecture on the subject. This will be one of several topics to be discussed during Hicks Morley’s Feb. 26 Accommodation Training Workshop in downtown Toronto ... [read more]

Wednesday, February 13, 2019 @ 11:25 AM

Quebec Appeal Court assigns damages for failure to inform Missingpuzzlepiece

In Monarque du Richelieu Inc. v. Boisé Richelieu Inc. 2018 QCCA 2168, the Quebec Appeal Court reversed a trial decision and ordered corporate vendors and their executive to pay damages to the purchaser for failure to volunteer information affecting lands adjacent to those purchased which would have affected the buyer’s negotiations and consent to contract. ... [read more]

Wednesday, February 13, 2019 @ 9:35 AM

Are your website’s terms of use enforceable? terms_conditions_sm

The number of sophisticated businesses that have unenforceable website terms of use is surprising. In this article, I focus on website terms of use that are expressed as browse-wrap agreements as opposed to as click-wrap agreements. ... [read more]

Monday, February 11, 2019 @ 12:26 PM

Scrubbing resumés of gender, race could help prevent bias in law firm hiring, lawyers say Hadiya Roderique

We are all biased, so the anonymizing of job applications is a key way for law firms to attain and retain diverse talent, said lawyers at Feb. 8 lecture in Toronto. Put on by the Ontario Bar Association’s Institute 2019, Strategies for Retaining Diverse Lawyers looked at inclusion and diversity in the legal profession, the lack thereof and how unconscious bias may be impacting the “experiences, retention and promotion” of women, people of colour, the disabled and those in the LGBTQ community. ... [read more]

Monday, February 11, 2019 @ 11:44 AM

Issuing dividends must be a careful corporate decision under CBCA, OBCA corporate_dividends_sm

“Up your … dividends!” was a cheeky toast heard frequently in private clubs in the 1960s. And any financial adviser will tell you that dividend-paying stocks are a great investment. ... [read more]

Monday, February 11, 2019 @ 9:55 AM

CPTPP facilitates immigration of investors and professionals immigration_approved_sm

On Dec. 30, 2018, the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) came into force. Article 12 of the agreement governs the temporary entry for business persons and Canada has agreed to facilitate the temporary entry of business persons under four main categories. ... [read more]

Friday, February 08, 2019 @ 10:30 AM

The pros and cons of baseball arbitration baseball_money_sm

While baseball arbitration was originally applied to labour disputes, this form of arbitration has some application in certain types of commercial disputes under the International Commercial Arbitration Act of most Canadian jurisdictions. ... [read more]