Non-Solicitation Cause Upheld
A 2023 decision of the Alberta King’s Bench considered a non-solicitation clause which had been agreed to between the parties. The clause was upheld and damages were allowed against the…
Just Cause in False Expenses of $250 – President of Operations
The British Columbia Court of Appeal, in December of 2023, upheld a trial judgment dismissing the wrongful dismissal claim of the plaintiff for just cause, based on dishonesty. The…
Ontario Court of Appeal Allows $1.5 Million in Punitive Damages in Disability Claim
The Ontario Court of Appeal, in December of 2023, upheld a jury award of $1.5 million in punitive damages against Sun Life in a claim for unfair treatment of an…
Breach of Minutes of Settlement
The Ontario Human Rights Tribunal considered an application made by the employer for the refund of all settlement funds paid to the prior applicant due to the violation of the…
Reasonable Inference & Historically Disadvantaged
Inference from the Evidence A recent decision of the B.C. Human Rights Tribunal has once again considered the question of “reasonable inference” from the evidence before it to determine whether…
Federal Court of Appeal Raises Bar on Reviews and OK’s Full Costs
The Federal Court of Canada recently, as in December of 2023, reviewed a decision of Adjudicator Kaufmann in an unjust dismissal complaint which awarded substantial indemnity costs. On the…
Employer Vaccine Leave Policy Fair
A recent decision of the Alberta Court of Justice has considered the question of whether (1) the employer’s covid mandatory vaccination policy was reasonable and further (2) whether the company’s…
Decisive Action by Employer Avoids HR Complaint
A recent decision of the Alberta Human Rights Tribunal offers a clear analysis of the duty of the employer to maintain a workplace free of discrimination. In this instance, the…
Negotiating the Deal
Counsel will no doubt consider issues such as the most effective tax allocation of damage sums to allow for the most effective settlement terms. All eyes will be on…
Bill C-47
In June of 2023, the federal government passed amendments to the Income Tax Act, which will attract the attention of employment law counsel. Bill C-47 requires that any transaction…
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