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Results: 1-10 of 1,130

Employer-Friendly Restrictive Covenant Decisions Bloom in Ontario and Alberta The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 18 2017

Restrictive covenants have great potential to protect an employer's business interests. In practice, however, enforcing restrictive covenants often


The Supreme Court of Canada rules on the personal liability of directors in the context of the oppression remedy.
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 17 2017

The Supreme Court of Canada rendered a decision in Wilson v. Alharayeri, in which it discusses situations that could lead to the personal liability


Broader workplace harassment claims: is Canada becoming more litigious?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 12 2017

Can a Canadian employee sue an employer for harassment which is unrelated to a discrimination claim? The answer used to be no; but this is changing


Probationary Clauses: Employers Beware The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 10 2017

The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health


Characterization of a contract relating to a resort hotel project involving a rental pool: lease or contract for services?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 7 2017

In the recent decision in Station Mont-Tremblant v. Banville-Joncas, the Court of Appeal was asked to characterize a contract between the developer


Supreme Court Rejects the “Promise of the Patent”, Redefines Canada’s Patent Utility Requirement
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 4 2017

The nine judges of the Supreme Court ruled on Friday that the so-called “promise doctrine” was not part of Canadian patent law, and laid out a new


Douez v Facebook: Supreme Court Refuses to Enforce Choice of Forum Clause Against Consumer Class Action
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 29 2017

In Douez v Facebook, a badly-divided Supreme Court declined to enforce the forum selection clause in Facebook's website terms of use. In the course of


Life after certification applications: lawful outsourcing and scope of bargaining units
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 28 2017

Union certification applications can have profound effects on the workplace. The bargaining unit's composition will have implications for the


Supreme Court of Canada Upholds Worldwide Injunction Restraining Google Search Results
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 28 2017

On June 28, 2017 the Supreme Court of Canada released its highly anticipated decision in Google Inc. v. Equustek Solutions Inc., 2017 SCC 34 (PDF


Don’t Take a Chance on it: The Uncertainty of ESA-only Termination Clauses The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • June 27 2017

In January 2017, the Ontario Superior Court of Justice released its decision in Cook v. Hatch (PDF) ("Cook") upholding a less than perfect termination