Davis LLP Document Search Results (99)
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|Freezing Assets of Politically-Exposed Persons: A Feature of Canada’s International Sanctions Regime|
Brandon Barnes; Davis LLP;
August 14, 2014, previously published on August 11, 2014To 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...
|But We Had a Contract! Distinguishing Appearance from Reality in Employment Contracts|
Melissa Gaul, André C. Giroux; Davis LLP / Davis SENCRL/SRL;
August 2, 2014, previously published on July 30, 2014On 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...
|Does Your Employment Policy Create Adverse-Effect Discrimination?|
Laura Easton; Davis LLP;
August 1, 2014, previously published on July 30, 2014In 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...
|SEC Pulls the Trigger on Smith & Wesson: Anti-Bribery Lessons for Canadian Companies|
Graham Erion; Davis LLP;
August 1, 2014, previously published on July 31, 2014Well-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...
|Mammoet v. Edmonton: The Alberta Court of Appeal Clarifies Judicial Review on Bylaw Validity|
Terence Dalgleish; Davis LLP;
July 29, 2014, previously published on July 24, 2014On 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...
|High Bar for Bifurcation|
Stephen Mulrain; Davis LLP;
July 29, 2014, previously published on July 24, 2014An 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...
|The 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;
July 23, 2014, previously published on July 4, 2014On 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...
|The Supreme Court’s Keewatin Decision: How Will it Affect Canada’s Resource Industries?|
Laura Easton, Heather L. Treacy; Davis LLP;
July 23, 2014, previously published on July 21, 2014On 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...
|The Verbal and Written Reference: Or, 'You Would be Lucky to Get This Employee to Work for You!'|
Richard Press; Davis LLP;
July 15, 2014, previously published on July 10, 2014We 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...
|How 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;
July 15, 2014, previously published on JUly 10, 2014One 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...