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HTMLCanada Labour Code Does not Grant Non-Unionized Employees a "Right to the Job"
Joël Michaud; Field Law;
Legal Alert/Article
August 10, 2015, previously published on July 8, 2015
In Wilson v. Atomic Energy of Canada Limited, 2015 FCA 17 ("Wilson"), the Federal Court of Appeal (FCA) made a game-changing decision when they unanimously found that without-cause dismissals of non-unionized employees are permissible under Part III of the Canada Labour Code (the...

 

HTMLOne Number to Rule Them All: The New Common Business Number Act
Jessica Robertshaw; Field Law;
Legal Alert/Article
August 10, 2015, previously published on July 9, 2015
On April 30, 2015, Bill 12: the Common Business Number Act (the “Act”) came into force in Alberta. The Act created the authority for Alberta to adopt the Canada Revenue Agency’s (“CRA”) Business Number system (“BN”). The BN is a numbering system that...

 

HTMLQuestion Everything...Except the Witness - Tips on Maintaining Impartiality From R. v. Crawford, 2015 ABCA 175
Kimberly Precht, Gregory Sim; Field Law;
Legal Alert/Article
August 10, 2015, previously published on July 9, 2015
On a frigid January night, Mr. Crawford was along for the ride when one of his companions—fuelled by alcohol and jealous suspicion, and armed with a completely ineffectual pellet gun—decided to steal a vehicle. Mr. Crawford was convicted of theft of an automobile and being a party to a...

 

HTMLEquivalency of Registration Requirements
Lily Nguyen; Field Law;
Legal Alert/Article
June 26, 2015, previously published on June 9, 2015
Registrar of the Association of Professional Engineering of Ontario v. Gurpersaud, 2015 ONSC 804 (Ont. Div Ct), dismissing an appeal by the Registrar of the Registration Committee’s decision to issue a licence to practice.

 

HTMLWritten Reasons in Administrative Decisions
Field Law;
Legal Alert/Article
June 26, 2015, previously published on June 9, 2015
Fashoranti v. College of Physicians and Surgeons of Nova Scotia, 2015 NSCA 25, dismissing an appeal from the disciplinary committee’s finding that a physician committed unprofessional conduct.

 

HTMLMerely a Witness? The Uncertain Rights of a Complainant in Disciplinary Proceedings
Katrina Haymond, Jason Kully; Field Law;
Legal Alert/Article
June 23, 2015, previously published on June 9, 2015
Is the law surrounding the rights of complainants in disciplinary proceedings sufficiently settled so as to allow for a Court to dismiss the complainants’ application for judicial review without a full hearing on the merits? That is the question that the Alberta Court of Queen’s Bench...

 

HTML"Full and final settlement of any and all claims" - not so, says the Alberta Human Rights Tribunal
Kelsey Dick; Field Law;
Legal Alert/Article
May 25, 2015, previously published on April 29, 2015
The Alberta Human Rights Tribunal (“Tribunal”) released a decision this month that considered whether the terms of a Release Agreement constituted a valid and enforceable settlement of an employee’s allegations of human rights discrimination arising from employment.

 

HTMLEmployed in Name Only - An Employer’s Duty to Provide Work
Matthew Turzansky; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 9, 2015
Will an employment contract be fundamentally changed if the employer stops assigning work? This was the question tackled by the Alberta Court of Appeal in its recent decision in Bonsma v Tesco Corporation, 2013 ABCA 367. The Plaintiff resigned and commenced an action for constructive dismissal...

 

HTMLWhat Happens When a Franchise Agreement Ends, Part Two: Cancellation
Richard Stobbe; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 12, 2015
In some cases, a franchise relationship ends after many years of business. At the point of termination, the parties must wrestle with a number of issues, including customers, inventory, and (as we reviewed in Part 1) the impact of any post-termination restrictive covenants.

 

HTMLAre Restrictive Covenants in Sale Agreements Enforceable?
Christina Brownlee; Field Law;
Legal Alert/Article
April 27, 2015, previously published on March 12, 2015
The Supreme Court of Canada recently addressed the issue of the enforceability of restrictive covenants where the purchaser of a business offered employment to the business’s previous owners (Payette v Guay Inc. 2013 SCC 45). In this case, the Supreme Court of Canada put to rest a...

 


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