Settlement Terms Call for Default “Penalty”
The Ontario Court of Appeal recently considered certain terms of settlement which included a term defining a sum to be paid in the event of default. The minutes required payment…
Doctrine of Frustration due to Vaccine Refusal
The facts before the Ontario court in Croke v VuPoint Systems, a decision released in February of 2023, were as follows: The Plaintiff employee worked as an installer for the…
Tape Recording at Work – Alberta King’s Bench & BCSC
Yes, it is true that it is not a criminal offence for one of the participating parties in a conversation to tape record the discussion, even without the knowledge and/or…
Mandatory Vaccine Policy
The September 2022 case of Parmar v Tribe Management, a decision of the B.C.S.C. considered the issue of an employer mandated vaccine policy. This term purported to allow the employer…
Refusal to Wear Mask
Refusal to Mask Up The Alberta decision of Feasby, J. in Benke v Loblaw Companies considered a claim made by the plaintiff employee who refused to wear a mask or…
COVID-19 & Impact on Notice Period
The decision of the New Brunswick Queen's Bench in Miller v Luminultra found that a higher notice period was warranted due to the pandemic. The direct impact of this…
CERB Benefits – BCCA & Alb CA
CERB Benefits – Deducted from Wrongful Dismissal Award or Not? Two recent appellate decisions from British Columbia and Alberta have concluded that CERB payments should not reduce the damage award…
Privilege, Without Prejudice, Confidentiality Issues and Such
Chapter 1 Privilege Privilege is an important issue in the mediation process. Many counsel believe that the contents of a mediation brief and statements made at mediation are inadmissible…