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No requirement to accommodate store manager who could not serve customers the HR space
  • Fasken Martineau DuMoulin LLP
  • Canada
  • March 25 2015

Most employers are familiar with the duty to accommodate employees who suffer from disabilities to the point of undue hardship. In the recent case


Accountants, lawyers and privilege
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 28 2015

In light of the recent Tax Court of Canada decision, Zeldap Corporation v. Her Majesty the Queen, ("Zeldap"), this paper discusses the concept of


A swing and a miss: Court of Appeal confirms that lying about sick days is cause for termination
  • Fasken Martineau DuMoulin LLP
  • Canada
  • March 18 2015

Unexpected employee absences from work can be difficult for employers. Scheduling adjustments have to be made with other employees, customer service


Will the threat of jail really improve workplace safety? OHS law report
  • Fasken Martineau DuMoulin LLP
  • Canada
  • January 30 2015

Reducing workplace accidents, injury, and death is the purpose of Canadian Occupational Health and Safety ("OHS") laws in every province, federally


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


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


First Nations claim for damage to Aboriginal Title prior to proving Aboriginal Title
  • Fasken Martineau DuMoulin LLP
  • Canada
  • April 22 2015

On April 15, 2015, the B.C. Court of Appeal rendered its decision in Saik'uz First Nation and Stellat'en First Nation v. Rio Tinto Alcan Inc., 2015


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


Court of Appeal of Québec upholds ruling on use of english-language trademarks
  • Fasken Martineau DuMoulin LLP
  • Canada
  • May 24 2015

On May 19 the Quebec Court of Appeal provided reasons for its April 29 ruling, issued verbally at the hearing, which confirmed that the use of