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Three’s a Crowd: Supreme Court of Canada Denies Union’s Right of Consultation in Accommodation Process The HR Space
  • Fasken
  • Canada
  • November 16 2017

Unions do not have an independent legal right, separate and apart from their collective agreement rights, to be involved in every unionized employee's


Ontario Court of Appeal rules again on termination provisions in North v. Metaswitch
  • Koskie Minsky LLP
  • Canada
  • October 30 2017

The Court of Appeal has again ruled on the issue of terms in employment contracts which purport to limit an employee to minimum notice under the


B.C. Court of Appeal Decision a Setback for Class Action Defendants
  • Blake Cassels & Graydon LLP
  • Canada
  • August 28 2017

On August 18, 2017, the British Columbia Court of Appeal (Court of Appeal) released a significant decision relating to certification matters for


SCC Decision Reminds Employers to Draft Termination Clauses with Care
  • Baker McKenzie
  • Canada
  • August 11 2017

The Supreme Court of Canada (“SCC”) recently ruled that a unilateral contract renewal clause was valid, despite its potential to bind one party


Contractual Interpretation on Appeal: A Clarification
  • Torkin Manes LLP
  • Canada
  • April 24 2017

A recent decision of the Ontario Court of Appeal has now clarified the standard of review where an appellate Court considers the lower Court's


Neighbourhood annoyances and Section 976 C.C.Q.: The Court of Appeal of Québec promotes the seeking of a balance between the rights of the parties
  • McCarthy Tétrault LLP
  • Canada
  • April 12 2017

On March 28, 2017, the Court of Appeal of Québec rendered a judgment in the case of Homans v. Gestion Paroi inc., containing useful remarks with


Access to Justice in “Manageability” of Individual Issues: Appeal Dismissed in Fantl v Transamerica Life Canada
  • McCarthy Tétrault LLP
  • Canada
  • August 26 2016

In the recent decision of Fantl v Transamerica Life Canada (“Fantl”), the Ontario Court of Appeal unanimously dismissed the appeal of the Divisional


Alberta Court of Appeal Grants Intervener Status to Four Participants in Appeal of Re Redwater Energy Corp.
  • Borden Ladner Gervais LLP
  • Canada
  • August 18 2016

The much-debated and closely-monitored Re Redwater Energy Corp. litigation (we previously posted about Bulletin 2016-10, Bulletin 2016-21, the


No More Tears (Enough is Enough) Ending the Debate About Unlawful Means in Conspiracy Torts
  • Bennett Jones LLP
  • Canada
  • August 16 2016

It was 1983. The Police's Every Breath You Take was top of the charts. Return of the Jedi was tearing up the box office. And the Supreme Court of


Restart the Clock!: Confirmation and resetting limitation periods in Tuck v. Supreme Holdings, 2016 NLCA 40
  • Stewart McKelvey
  • Canada
  • August 11 2016

Limitation periods serve a critical function in the civil justice system. They promote the timely resolution of litigation on the basis of reliable