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The staggering cost of a “no cause” finding: employer pays employee LTD Benefits to age 65

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 13 2015

On November 12, 2014, an interesting and worrying decision was released by the Ontario Superior Court in Fernandes v. Peel Educational, 2014 ONSC

SR&ED credit: contemporaneous documentation is not essential

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 10 2015

On October 23, 2014, the Honorable Justice Gaston Jorré of the Tax Court of Canada ("TCC") rendered a judgement favorable to businesses

Dangerous driving: employer liable for unauthorized use of company vehicle

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 8 2015

It is well understood that employers may be vicariously liable for the actions of their employees when the employees are acting within the scope of

Federal Court finds legislation may attract a duty to consult but Parliament still supreme

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 8 2015

On December 19, 2014, the Federal Court released a decision finding the Federal Government owed a duty to consult when it implemented changes to

Contractual language rules: commissions during the notice period

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • January 5 2015

In Sciancamerli v. Comtech (Communication Technologies) Ltd., 2014 BCSC 2140 (PDF), the plaintiff, a specialized salesperson, was terminated without

Purchaser of bankrupt business acquires golden parachute liability

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • December 18 2014

In a recent decision, Aéro-Photo (1961) Inc. c. Raymond, the Court of Appeal of Quebec concluded that the purchaser of all the assets of a business

When your departing employee takes what isn’t theirs the HR space

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • December 4 2014

The departure of an employee can be an anxious time for any employer. These anxieties can increase significantly if the departing employee is leaving

Can an employer retaliate against an unreasonable complainant?

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • December 2 2014

In a recent B.C. Human Rights Tribunal Decision the Tribunal addressed a complaint of discrimination based on sex contrary to the Human Rights Code

Employers cannot waive the notice period provided by a resigning employee without providing notice

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • November 14 2014

Under Quebec's Act Respecting Labour Standards ("ALS") and Civil Code of Québec ("CCQ"), an employer who wishes to terminate an indefinite

Supreme Court recalls broad principles regarding the disclosure of evidence held by a third party in Quebec civil law

  • Fasken Martineau DuMoulin LLP
  • -
  • Canada
  • -
  • October 27 2014

Litigation and Dispute Resolution BulletinThe civil law has recognized for some time that a party to a telephone conversation can record the