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HTMLWhere is the Line? Extra-Provincial Payroll May Affect Ontario Severance Pay
Mari Hotta, Michael S. Richards; Davis LLP;
Legal Alert/Article
September 12, 2014, previously published on September 8, 2014
More Ontario employers may face liability for severance pay after a recent decision cast doubt on the meaning of “payroll” under the Employment Standards Act, 2000 (the “ESA”). On April 17, 2014, the Ontario Superior Court of Justice released Paquette v Quadraspec Inc....

 

HTMLCanada Delays Mandatory Disclosure of Resource Payments to First Nations for Two Years: Delay and Provincial Support for Scheme Clears Way for Legislation this Fall
Graham Erion; Davis LLP;
Legal Alert/Article
September 4, 2014, previously published on September 2, 2014
Canada’s move towards mandatory reporting of resource payments by mining and oil & gas companies to host governments got a big push recently at a meeting of provincial and territorial resource ministers. First, all provinces and territories endorsed the federal government’s plan to...

 

HTMLAre You in Compliance with Mandatory Workplace Posting Requirements in Ontario?
Brittany Taylor; Davis LLP;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
As of June 1, 2014 the Ministry of Labour has rolled out version 5.0 of the “What You Should Know About the Employment Standards Act” poster, affectionately known as the “ESA Poster.” Version 5.0 of the ESA Poster reflects the recent changes to minimum wage under the...

 

HTML'Asphalte Desjardins' Clarifies Obligations of Québec Employers Upon Resignation of an Employee
Melissa Gaul, André C. Giroux; Davis LLP / Davis SENCRL/SRL;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
On July 25, 2014, the Supreme Court of Canada released its highly anticipated decision in Québec (Commission des normes du travail) v. Asphalte Desjardins inc. (“Asphalte Desjardins”) clarifying the obligations of Québec employers in the context of employee resignations....

 

HTMLHuman Rights Tribunal Asks Complainant to Pay Respondent’s Legal Costs
Maggie Campbell; Davis LLP;
Legal Alert/Article
September 1, 2014, previously published on August 27, 2014
On August 15, 2014, the BC Human Rights Tribunal (the “Tribunal”) released its decision in Ma v. Dr. Iain G.M. Cleator and another, 2014 BCHRT 180 (“Cleator”), where it ordered the complainant to pay a portion of the respondent’s costs. In doing so, the Tribunal sent a...

 

HTMLFreezing Assets of Politically-Exposed Persons: A Feature of Canada’s International Sanctions Regime
Brandon Barnes; Davis LLP;
Legal Alert/Article
August 14, 2014, previously published on August 11, 2014
To date, Canada’s response to the ongoing conflict in the Ukraine has been the imposition of sanctions on Pro-Russian elements of the former Ukrainian government and Eastern Ukrainian separatist factions linked to Moscow. Russia itself has responded with sanctions directed at prominent...

 

HTMLBut We Had a Contract! Distinguishing Appearance from Reality in Employment Contracts
Melissa Gaul, André C. Giroux; Davis LLP / Davis SENCRL/SRL;
Legal Alert/Article
August 2, 2014, previously published on July 30, 2014
On May 16, 2014, in Atwater Badminton and Squash Club Inc. v. Morgan (“Atwater”), the Québec Court of Appeal affirmed that the conduct of parties to an employment contract can supersede a series of fixed-term contracts, rendering the contractual relationship one of indeterminate...

 

HTMLSEC Pulls the Trigger on Smith & Wesson: Anti-Bribery Lessons for Canadian Companies
Graham Erion; Davis LLP;
Legal Alert/Article
August 1, 2014, previously published on July 31, 2014
Well-known American gun manufacturer, Smith & Wesson Holding Corporation (“Smith & Wesson”), became the latest high-profile target of the Securities & Exchange Commission’s enforcement of the Foreign Corrupt Practices Act (“FCPA”) on July 28, 2014 when the...

 

HTMLDoes Your Employment Policy Create Adverse-Effect Discrimination?
Laura Easton; Davis LLP;
Legal Alert/Article
August 1, 2014, previously published on July 30, 2014
In May 2014, the Alberta Court of Appeal released its decision in Telecommunications Workers Union v Telus Communications Inc., 2014 ABCA 154 (“Telus”), which confirmed that in cases of adverse-effect discrimination, it is irrelevant whether the employer knows about the employee’s...

 

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...

 


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