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Monday, September 23, 2019 @ 2:35 PM

N.S. employee’s breach of confidentiality agreement absolves employer of payment obligation Mistake on cell phone

 A recent arbitration decision out of Nova Scotia, Canada, Acadia University v. Acadia University Faculty Assn. (Mehta Grievance) [2019] O.L.A.A. No. 147 is a cautionary tale for employees who receive settlements upon termination. ... [read more]

Friday, September 20, 2019 @ 2:53 PM

What U.K. employers should know about Canadian employment law Britishcanada

Canadian employment law shares many similarities with U.K. employment law by virtue of Canada having inherited its common law system from the U.K. Nevertheless, it is important for U.K. employers seeking to expand operations into Canada to understand how Canadian employment legislation operates within a federalist state. ... [read more]

Friday, September 20, 2019 @ 1:50 PM

SCC certifies class action, upholds lower court’s decision on ‘umbrella purchasers,’ limitation period Russell Brown sm

The Supreme Court of Canada dismissed appeals brought by manufacturers Pioneer Corporation and Toshiba Corporation in a class action certification commenced by a B.C. businessman who accused the electronics firms of “price-fixing” optical disc drives (ODDs), which would include CD, DVD and Blu-ray products. ... [read more]

Friday, September 20, 2019 @ 9:40 AM

Adding up cost of construction delays construction_costs_sm

No one likes delays. Whether it’s a rain delay at a sporting event or a subway delay stuck somewhere beneath the city of Toronto, delays cost us time that we would rather have spent doing something else. Sometimes, however, delays can cost not only time, but money as well. In this article, we discuss some of the key issues in calculating economic losses in construction delay claims. ... [read more]

Friday, September 20, 2019 @ 8:48 AM

Start your engines: Franchise two-year rescission period stopwatch_flag_sm

Does the statutory two-year limitation period in provincial franchise legislation to deliver a notice of rescission start to run from the main franchise agreement or from any related agreement that is signed later, such as a sublease? ... [read more]

Thursday, September 19, 2019 @ 9:04 AM

Access to Justice: New fund aiming at solutions | Beverley McLachlin

On Sept. 10, 2019, the Beverley McLachlin Access to Justice Fund was launched. The fund’s aim is to provide financing for innovative approaches to improving access to civil and family justice. Through an application process the Fund will allow individuals and organizations to explore, test, measure and grow good ideas that advance our progress. We will begin receiving applications next year, with a transparent and publicly available application process. ... [read more]

Wednesday, September 18, 2019 @ 2:29 PM

Overview of laws that impact employment, labour in Canada B&Wcrowdsofworkers.jpg

This article is the first in a series in which we provide a general understanding of the laws and regulations that impact employment and labour in Canada. While every effort has been made to cover developments up to the date of publication, the current status of any legislation should be verified by counsel. ... [read more]

Wednesday, September 18, 2019 @ 9:29 AM

Show me the money: Cautionary M&A tales money_bags_sm

Over the past 30 years, I have advised on hundreds of private company mergers and acquisitions (M&A) transactions across British Columbia. Having managed so many transactions over so many years, one begins to see patterns of purchaser and vendor behaviour ... [read more]

Wednesday, September 18, 2019 @ 8:39 AM

Restrictive U.S. immigration good for Canada tech sector canada_tech_sm

Canada’s tech sector is experiencing a boom — and some of that may be attributable to the current immigration policies of the United States. While talented individuals are happy to go to the U.S. to obtain their advanced education in technology-related fields, many are choosing to leave after obtaining their degree, or being driven out due to restrictive U.S. employment authorization options for tech workers. ... [read more]

Tuesday, September 17, 2019 @ 1:48 PM

How Canada should deal with obscene trademarks swearword symbols

Over the summer of 2019, the Supreme Court of the United States (SCOTUS) in Iancu v. Brunetti 139 S. Ct. 2294 struck down the Lanham Act’s prohibition on “immoral” or “scandalous” trademarks, on the basis that the provisions violate the First Amendment, which protects free speech. ... [read more]