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HTMLThe Supreme Court Rules on the Employer’s Obligations When an Employee Gives Notice of Termination
Anna Jankowska; McCarthy Tétrault LLP;
Legal Alert/Article
September 1, 2014, previously published on August 14, 2014
On July 25, 2014, the Supreme Court of Canada overturned the judgment of the Quebec Court of Appeal in Asphalte Desjardins Inc. and Commission des normes du travail (Commission). In this case, the employee in question had been working for his employer since 1994. On Friday, February 15, 2008, he...

 

HTMLReassignment of CN Employee a Constructive Dismissal
Rosalie Cress; McCarthy Tetrault LLP;
Legal Alert/Article
August 27, 2014, previously published on August 21, 2014
A BC employee has successfully asserted a claim for constructive dismissal after being reassigned to a new position. Younger v. Canadian National Railway Company is a good reminder for employers that the courts may find there has been a constructive dismissal where an employee has been reassigned...

 

HTMLTime to Leave: Supreme Court to Determine Securities Class Action Limitation Period
Elder C. Marques, Michael J.P. O'Brien; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 2014
The Supreme Court of Canada has granted leave to appeal in a case that will determine how to apply the statutory limitation period for investors in Ontario who decide to sue public issuers and their executives under the Securities Act. Given similar legislation in other provinces, the case will be...

 

HTMLREDMA - An Update
Jennifer Hayes; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
On May 29, 2014, Bill 17, the Miscellaneous Statutes Amendment Act, 2014, received Royal Assent, bringing into force several amendments and additions to the Real Estate Development Marketing Act (British Columbia) (“REDMA”) previously discussed in detail in my colleague Scott...

 

HTMLA Costly Choice (of Law): Determining the Damages Available for an Extra-Territorial Tort
Brooke MacKenzie; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 2014
The recent UK Supreme Court decision in Cox v Ergo Versicherung AG, [2014] UKSC 22, provides helpful commentary and a potentially persuasive precedent for Canadian courts on issues of choice of law, the distinction between substance and procedure in the conflict of laws, and legislative...

 

HTMLNew Rule of Thumb: 6 Months’ Pay Per Year of Service?
Benjamin T. Aberant; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 20, 2014
So much for the rule of thumb that an employee should receive one month of notice for every year of service. The Toronto Star has reported on a recent wrongful dismissal decision that Ontario employers should consider, especially when hiring senior managers or executives. Except for the 12 month...

 

HTMLCourt Approves Unique Overtime Class Action Settlement
Dylan R. Snowdon, Justin Turc; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 13, 2014
Canadian employers have been watching a series of class action claims, with employees claiming hundreds of millions of dollars in unpaid overtime, since 2007. In January 2014 we summarized the progress of those cases here -...

 

HTMLOntario Court Declares That Bare Trademark License Agreement Is Not Subject to Franchise Disclosure Legislation
Helen Fotinos, Brooke MacKenzie, Catherine M. Samuel, Adam Ship; McCarthy Tétrault LLP;
Legal Alert/Article
August 25, 2014, previously published on August 19, 2014
A recent decision of the Ontario Superior Court of Justice found that a bare trademark license agreement was not subject to Ontario’s franchise legislation. The decision provides guidance to companies that wish to avoid the application of Ontario’s Arthur Wishart Act (Franchise...

 

HTMLCanadian Public Company Disclosure Deficiency Rate Nearly Doubled in 2014
Cristian O. Blidariu, Michael C. Nicholas, Sean D. Sadler, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
August 20, 2014, previously published on August 11, 2014
The Canadian Securities Administrators (CSA) recently released CSA Staff Notice 51-341 setting out the results of their Continuous Disclosure Review Program for fiscal 2014.

 

HTMLThe Challenge with Determining When the Writing Is On the Wall: Insider Trading Case Considers Materiality of Confidentiality Agreement and Expired Unsolicited Offer
Shane C. D'Souza, Rene R. Sorell; McCarthy Tétrault LLP;
Legal Alert/Article
August 20, 2014, previously published on August 14, 2014
The British Columbia Securities Commission (BCSC) recently considered whether a consultant for a law firm had committed insider trading and breached the public interest when she traded a client’s shares with knowledge of undisclosed facts.

 


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