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The Latest in Employment Law: A Stewart McKelvey Newsletter - 2017 Atlantic Canada legislative update
  • Stewart McKelvey
  • Canada
  • November 28 2017

As 2017 comes to a close, please find below a summary of significant 2017 legislative amendments in each of the Atlantic Canadian provinces as well as


Mental injury? Expert diagnosis not required
  • Stewart McKelvey
  • Canada
  • June 12 2017

On June 2, 2017 the Supreme Court of Canada released its decision in Saadati v. Moorhead, 2017 SCC 28, clarifying the evidence needed to establish


Sickness, sickness everywhere, nor any cure in sight
  • Stewart McKelvey
  • Canada
  • August 24 2015

Benjamin Franklin once said that a person should “be not sick too late, nor well too soon.” However, what happens when an employee is sick too soon


It goes without saying: recent appellate case law on implied contractual terms
  • Stewart McKelvey
  • Canada
  • August 24 2015

A judge can only imply a contractual term if it is a reasonable and contextual reflection of what the parties must have intended. Two recent appellate


Litigation between First Nations and project proponents: a new development
  • Stewart McKelvey
  • Canada
  • June 22 2015

The last Bench Press post reviewed the British Columbia Court of Appeal’s landmark decision in Saik’uz First Nation and Stellat’en First Nation v Rio


Aboriginal rights, no Crown in sight: implications of the BCCA decision in Saik’uz first nation
  • Stewart McKelvey
  • Canada
  • May 26 2015

In a fascinating and potentially revolutionary decision, the British Columbia Court of Appeal has held that Aboriginal groups can rely on Aboriginal


Human rights and workplace bullying: in a word: “unacceptable”
  • Stewart McKelvey
  • Canada
  • May 26 2015

A May 2015 British Columbia Human Rights Tribunal awarded $15,000 in damages for injury to dignity, feelings and self-respect to a former employee who


BCCA clarifies McKinley: “contextual approach” and prior discipline
  • Stewart McKelvey
  • Canada
  • May 25 2015

In a British Columbia Court of Appeal decision released in late April 2014, a trial judge's decision was set aside and a new trial ordered. The trial


You’re hired! Oops, take that back, you’re fired!
  • Stewart McKelvey
  • Canada
  • May 22 2015

This proceeding arises from a dispute regarding the dismissal of the plaintiff , as the Chief Administrative Officer (“CAO”) for the defendant, the


Tsilhqot’in Nation v British Columbia: highlights from an Atlantic Canadian perspective
  • Stewart McKelvey
  • Canada
  • July 8 2014

The Supreme Court of Canada recently released its unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44 concluding that the