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Temporary injunction against random drug and alcohol testing
  • Fasken Martineau DuMoulin LLP
  • Canada
  • January 3 2013

Random drug and alcohol testing in the workplace was recently back before the Alberta Court of Appeal. Oil Company Suncor appealed an injunction against


Employee who violates settlement agreement gets less
  • Fasken Martineau DuMoulin LLP
  • Canada
  • December 28 2012

It is common practice when settling a human rights complaint or a wrongful dismissal claim to include a mutual confidentiality obligation. What can an


Supreme Court of Canada renders key judgment on out-of-court mediation
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 12 2014

On May 8, 2014, the Supreme Court of Canada issued a unanimous judgment (reasons by the Honorable Mr. Justice Wagner) that is important for anyone


Bonuses may be part of the equation when calculating pay in lieu of notice the HR space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 23 2014

Most employers understand that when terminating an employee, reasonable notice of termination or pay in lieu of notice must be provided. While this


A deal or not?
  • Fasken Martineau DuMoulin LLP
  • Canada
  • January 8 2013

You've terminated an employee's employment without cause and offered a reasonable package. You've negotiated a settlement, prepared the settlement


Brantford blockade by-laws upheld
  • Fasken Martineau DuMoulin LLP
  • Canada
  • October 1 2013

The Ontario Court of Appeal recently upheld two by-laws passed by the City of Brantford (Brantford). These by-laws were enacted in 2008 when various


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


Class actionà la française?
  • Fasken Martineau DuMoulin LLP
  • Canada, France
  • June 10 2013

The Minister of the Economy has just introduced a consumer protection bill that aims to create a "group litigation" for consumer and competition


The irony of irreparable harm
  • Fasken Martineau DuMoulin LLP
  • Canada
  • February 12 2013

Conventional wisdom suggests that because a non-solicitation clause is more likely to be enforced by a court than a non-competition clause, why


Restrictive covenants can be more rigourous after sale than in normal employment context, says Supreme Court
  • Fasken Martineau DuMoulin LLP
  • Canada
  • November 7 2013

The Supreme Court of Canada recently settled the debate over whether the employment contract provisions of the Civil Code of Québec apply to