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HTMLMammoet v. Edmonton: The Alberta Court of Appeal Clarifies Judicial Review on Bylaw Validity
Terence Dalgleish; Davis LLP;
Legal Alert/Article
July 29, 2014, previously published on July 24, 2014
On July 10, 2014, the Alberta Court of Appeal released Mammoet 13220-33 Street NE Limited v Edmonton (City), 2014 ABCA 229, a decision dismissing the City’s appeal of a dismissal of a summary judgment application. This decision clarified the law surrounding the six-month limitation period for...

 

HTMLHigh Bar for Bifurcation
Stephen Mulrain; Davis LLP;
Legal Alert/Article
July 29, 2014, previously published on July 24, 2014
An application for leave to appeal to the Supreme Court of Canada from the decision of the Alberta Court of Appeal in Lakhoo v Lakhoo was recently denied. The Court of Appeal had overturned the decision of Madame Justice Horner of the Court of Queen’s Bench to bifurcate (or sever) the issues...

 

HTMLThe Supreme Court of Canada's Decision in Tsilhqot'in Nation v. British Columbia: Implications for the Application of the Forest Act in BC
Erin Hunter, Garry E.P. Mancell, Jeff Waatainen; Davis LLP;
Legal Alert/Article
July 23, 2014, previously published on July 4, 2014
On June 26, 2014, the Supreme Court of Canada rendered its unanimous decision on Tsilhqot’in Nation v. British Columbia (the “Tsilhqot’in Nation Decision”). In its reasons, the Court made a declaration of Aboriginal title over certain lands within the Tsilhqot’in...

 

HTMLThe Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?
Laura Easton, Heather L. Treacy; Davis LLP;
Legal Alert/Article
July 23, 2014, previously published on July 21, 2014
On July 11, 2014, the Supreme Court of Canada (“SCC”) issued its decision in Grassy Narrows First Nation v Ontario, 2014 SCC 48 (“Keewatin”) and confirmed that Ontario has the exclusive power to “take up” treaty lands located in the Keewatin area of Treaty 3...

 

Adobe PDFThe Verbal and Written Reference: Or, 'You Would be Lucky to Get This Employee to Work for You!'
Richard Press; Davis LLP;
Legal Alert/Article
July 15, 2014, previously published on July 10, 2014
We learn by season four of Downton Abbey the importance of the reference letter. Having been dishonourably discharged, Edna re-appears for an interview with Cora and Rose, supported by the glowing reference of Mrs. Hughes that Branson had convinced her to pen. Inveigling her way back into...

 

Adobe PDFHow Can We Accommodate You When We Don’t Know What’s Wrong?! Employee Privacy Rights and Medical Documentation
Karen R. Bock, Brittany Taylor; Davis LLP;
Legal Alert/Article
July 15, 2014, previously published on JUly 10, 2014
One of the major challenges facing employers in Canada today is the management of employee disabilities. More and more, it seems, employers are required by human rights and workers compensation legislation to deal with and accommodate an ever-growing array of physical and mental disabilities...

 

HTMLThe Landmark Tsilhqot’in Nation Decision: What it Means for Project Developers in Canada
Laura Easton, Heather L. Treacy; Davis LLP;
Legal Alert/Article
July 11, 2014, previously published on July 3, 2014
On June 26, 2014, the Supreme Court of Canada (the “Court”) issued a landmark ruling in the area of aboriginal law with its decision in Tsilhqot’in Nation v British Columbia, 2014 SCC 44 (the “Decision”). The Court declared that the Tsilhqot’in Nation, a...

 

HTMLReasonable Expectations - the Expansion of Online Privacy Rights
Stephen Mulrain; Davis LLP;
Legal Alert/Article
July 3, 2014, previously published on June 18, 2014
In its June 13, 2014 decision in R v. Spencer, the Supreme Court of Canada has begun what will undoubtedly be a long process of delineating the privacy rights of Canadians in their online activities. Justice Cromwell, writing for the Court, started his reasons by noting that the internet has raised...

 

HTMLNew Guidance on CASL's Charitable Fundraising Exception
David Spratley; Davis LLP;
Legal Alert/Article
July 3, 2014, previously published on June 6, 2014
Our previous post about Canada’s pending anti-spam legislation (CASL) mentioned a key exception for charities: commercial electronic messages that are sent by a registered charity and whose primary purpose is to raise funds for that charity are fully exempt from CASL.

 

HTMLFederal Court of Appeal Decision on Family Status Discrimination Clarifies Employer Obligations
Karen R. Bock, Kristine Gorman; Davis LLP;
Legal Alert/Article
July 3, 2014, previously published on June 27, 2014
On May 2, 2014, the Federal Court of Appeal released its much anticipated decision in Canada (Attorney General) v. Johnstone (“Johnstone”). In the decision, the court clarified both the scope of the “family status” protection found under the Canadian Human Rights Act and the...

 


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