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Aggravated or Punitive Damages - Not Automatic in Cause Cases The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • December 8 2016

In wrongful dismissal actions, employees who are terminated for cause often claim that they should be awarded aggravated andor punitive damages, in


Termination provision enforceable despite no mention of severance pay or benefit continuation
  • Fasken Martineau DuMoulin LLP
  • Canada
  • December 7 2016

Recent case law has overwhelmingly rejected termination clauses that purport to limit an employee's entitlements upon termination to the minimum


Supreme Court of Canada renders decision reiterating the importance of litigation privilege
  • Fasken Martineau DuMoulin LLP
  • Canada
  • December 2 2016

This past November 25, the Supreme Court of Canada rendered a decision, in which it reiterated the importance of litigation privilege as a distinct


Holiday Reminder that Gifts to Government Officials in Canada are Subject to Rules
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 24 2016

Two recent decisions to Canada's Conflict of Interest and Ethics Commissioner are a sobering reminder of the rules governing gifts and hospitality to


Know Your Role - A Regulator’s Mischaracterization can be Fatal to an OHS Prosecution The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 21 2016

When a person applies for a job, the job generally comes with a title that an employer believes to be descriptive of the role and reflective of the


Canadianization of American Agreements
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 17 2016

In light of recent events, it appears that our American friends are taking a greater interest in Canada. The following is a description of some issues


Bulletproof Vest : Vesting Orders and Municipal Tax Claims in a CCAA Context - The Bloom Lake Decision
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 17 2016

Companies' Creditors Arrangement Act ("CCAA"), municipalities cannot claim from subsequent acquirers unpaid municipal taxes in connection to the


Supreme Court of Canada issues important ruling on disclosure and implied consent under PIPEDA
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 17 2016

On November 17, 2016, in the decision of Royal Bank of Canada v. Trang (PDF), the Supreme Court of Canada clarified the interpretation to be given to


Union official’s sexist comments constitutionally protected The HR Space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 4 2016

There are many social media platforms through which employees now communicate. Adjudicators have consistently ruled that communications by employees


Tax Court: arrears interest after GAAR assessment accrue from the taxpayer’s balance-due day
  • Fasken Martineau DuMoulin LLP
  • Canada
  • October 31 2016

In Quinco Financial Inc. v. R. (2016 TCC 190), the Minister of National Revenue had assessed Quinco under section 245 (the "GAAR") of the Income Tax