Western Grain By-products Storage Ltd. V. Donaldson, 2015 Fca 62 – The End Of A Saga
[vc_row][vc_column][vc_column_text]April 27, 2015 On March 4, 2015, the Federal Court of Appeal released its decision, bringing this long-standing dispute to an end. Mr. Donaldson claimed constructive dismissal under the Canada Labour Code in November 2007. He asserted the employer’s request for a “better doctor’s note”, before allowing him to return to work after a five and a […]
When A Suspension Is Termination Of An Employee
[vc_row][vc_column][vc_column_text]April 22, 2015 By Brad Smith In Potter v. New Brunswick Legal Aid Services the Supreme Court of Canada identifies when an administrative suspension is a constructive dismissal. The court concluded the employee was dismissed because the suspension was indefinite, the employer’s bad faith and its intention terminate him. The employer was required to pay out the remainder […]
Show Some Consideration
March 27, 2015 By Brian Babcock Maybe you have read, or even signed, a document which included the magic words “In consideration of…” and wondered why that phrase appears. You should never sign a legal document if you do not understand the terms, so the first tip in this article: never be afraid to ask questions before signing contracts, […]
Show Some Consideration
[vc_row][vc_column][vc_column_text]March 27, 2015 By Brian Babcock Maybe you have read, or even signed, a document which included the magic words “In consideration of…” and wondered why that phrase appears. You should never sign a legal document if you do not understand the terms, so the first tip in this article: never be afraid to ask questions before signing contracts, […]
Is A Termination Without Cause Always Unjust? No, Says The Federal Court Of Appeal
[vc_row][vc_column][vc_column_text]March 16, 2015 By Brad Smith In Wilson v. AECL an employee was terminated without cause and provided with 6 months severance pay. The employee complained under the Canada Labour Code alleging his termination was unjust. He argued a termination without cause is always unjust under the Canada Labour Code. Prior to Wilson v. AECL there was debate whether a […]
Wind Farm Wars
[vc_row][vc_column][vc_column_text]March 9, 2015 By Mark Mikulasik The approval and review process for wind farm projects was recently considered and approved by the Divisional Court in the case of Dixon v. Director, Ministry of the Environment. Under the Environmental Protection Act, the Director may issue a Renewable Energy Approval (“REA”). Any Ontario resident may then require that the […]
It’s About Clients
[vc_row][vc_column][vc_column_text]February 26, 2015 By Brian Babcock Lawyers are not special because we are lawyers. We are special because of our commitment to our clients. The Supreme Court of Canada repeated this in their recent decision exempting lawyers from many of the provisions in Canada’s money laundering regulations which might allow the government to peek behind the veil of […]
The Risks Of Terminating An Employee Without Cause
[vc_row][vc_column][vc_column_text]February 4, 2015 By Brad Smith A decision of the Ontario Superior Court of Justice shows the risk of terminating an employee without cause. In Partridge v. Botony the employee was hired as a dental hygienist but promoted to the position of office manager. The employee was the office manager when she went on maternity leave. Prior to […]
Unjust Enrichment: A Top Ten FAQ
[vc_row][vc_column][vc_column_text]January 27, 2015 By Brian Babcock 1. What is Unjust Enrichment? It is the principle which organizes the law of restitution. It is used to strip gains from a wrong-doer (even an innocent one) and compensate the person who suffered from the wrong doing, in situations that do not fit other rules of law. 2. When […]
Straight Talk About Estate Planning – Honesty And Your Lawyer
[vc_row][vc_column][vc_column_text]January 20, 2015 By Fhara Pottinger One of my greatest challenges as a lawyer is ensuring that my client has told me everything that I need to know. My clients are generally not holding back out of malice or some intention to deceive me but rather a desire not to “waste my time”, to keep their […]