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Results: 1-10 of 983

Beware of the Allure of an Automatic Termination Clause
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 26 2016

The Labour Court has repeatedly demonstrated its willingness to hold as invalid a provision in an employment contract which purports to limit the


Human rights tribunal jurisdiction requires employment relationship
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 24 2016

The British Columbia Court of Appeal has ruled that the British Columbia Human Rights Tribunal could not take jurisdiction over a discrimination


Update on Saik'uz: British Columbia and Canada Crown added as defendants
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 22 2016

In the most recent decision in the Saik'uz matter, Thomas v. Rio Tinto Alcan Inc., 2016 BCSC 1747, released last week, Mr. Justice Kent decided in


Glimmer of Hope for Random Drug & Alcohol Testing
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 18 2016

A recent decision of the Alberta Court of Queen's Bench suggests that employers seeking to implement random drug and alcohol testing in dangerous


Good faith, reasonable exercise of rights and the theory of imprévision in Québec law: Churchill Falls (Labrador) Corporation Limited c. Hydro-Québec (2016 QCCA 1229)
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 16 2016

In this eagerly awaited Court of Appeal decision, a panel of five judges ruled on the scope of the duties of good faith and fairness in contracts


The Ontario Government’s “Intransigent” Bargaining Strategy with Teachers is Unconstitutional, Says Court
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 15 2016

In 2015, we reported on the Supreme Court of Canada's "New Labour Trilogy" - three landmark constitutional law decisions from January 2015 that


Early termination of fixed-term contract proves costly
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 3 2016

In its recent decision in Howard v Benson Group Inc the Ontario Court of Appeal ordered an employer to pay three years' compensation - amounting to


No need to delay rectification applications: Ontario Superior Court
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 25 2016

The recent decision of the Ontario Court of Justice in Slate Management Corporation v. Attorney General of Canada indicates that applicants do not


A Québec Perspective on the “Right to be Forgotten” and the Removal of Personal Information Online
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 20 2016

At present, the "right to be forgotten" is a concept that is not yet part of the legal landscape in Québec. It is referred to in the recent decision


Exploration Company Comes Up Short in Action Against the Crown
  • Fasken Martineau DuMoulin LLP
  • Canada
  • July 18 2016

In a recent Ontario decision, Mr. Justice Lederer dismissed an action brought by an exploration company against the Crown for failing to discharge