Labour & Employment
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April 30, 2024
B.C. Supreme Court confirms employer’s circumstances not relevant to wrongful dismissal claim
A 2022 decision from the British Columbia Supreme Court constitutes another clear marker that the door is closed to employers using wrongful dismissal to get out of paying severance in executive employment contracts in both B.C. and Ontario. Recent case law suggests that the courts will have little sympathy for an employer who dismisses an employee even in circumstances where that dismissal is necessary for business reasons.
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April 30, 2024
Startup visa applications cap to reduce processing times | Colin Singer
Canada Immigration Minister Marc Miller has announced a cap on the number of permanent residence applications through the Start-Up Visa Program. Immigration, Refugees and Citizenship Canada (IRCC) will limit the applications it receives each year to those associated with no more than 10 startups per designated organization.
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April 29, 2024
Internal workplace investigations: Planning to succeed
Internal workplace investigations require careful and detailed planning in order to be a success. Having internal policies and a clear plan in place are hallmarks of good decision-making and essential elements for success in an internal workplace investigation. In this article, we will discuss aspects of an effective investigation policy and plan.
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April 29, 2024
Addressing employee stress through effective health and safety practices
As we round up Stress Awareness Month, it serves as a crucial reminder of the importance of addressing workplace stress to promote employee well-being. Typically, most people’s impression of workplace health and safety revolves around physical safety measures like high-visibility vests and hard hats, but there is a significant aspect of health and safety that deals with mental well-being, which is equally important.
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April 26, 2024
Military judges are independent; dual role as military officers doesn’t breach Charter: SCC
The inclusion of military judges in the chain of command of the Canadian Armed Forces (CAF) neither raises a reasonable apprehension of bias nor makes military judges insufficiently independent such that their military status breaches CAF members’ 11(d) Charter right to be tried by an independent and impartial tribunal, the Supreme Court of Canada has ruled.
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April 25, 2024
Canada imposes more sanctions on Iran after Iran’s missile and drone attacks on Israel this month
Canada has imposed dealings bans and entry prohibitions against Iran and two senior Iranian military members under the Special Economic Measures (Iran) Regulations, following Iran’s recent missile and drone attacks on Israel.
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April 25, 2024
SCC to hear appeals on Charter mobility rights and mandatory minimum penalties for child pornography
The Supreme Court of Canada will hear an appeal of a novel Charter s. 6 mobility rights ruling, which held that Newfoundland and Labrador did not violate the constitution when the province closed its borders for health reasons to non-essential visits by non-residents early in the COVID-19 pandemic.
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April 25, 2024
Vacation frustration | Murray Gottheil
A junior associate at a law firm called me the other day to complain. There is nothing unusual about that. Associates complain a lot, often with good reason.
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April 25, 2024
FOR TORTS — Breach of fiduciary duty — Employment — Interference with economic relations
Claim by Northwest Protection Services Ltd. (Northwest) for damages. Counterclaim by Wellington and Protocol7even (P7) for damages. Northwest was in the business of providing security in various settings. Wellington and Dee were long-term part-time employees of Northwest.
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April 25, 2024
Supreme injustice: Supreme Court of the United States v. American democracy | Gregory Pitts
American democracy that I have known my entire life essentially ended on 6/24/22 with the Supreme Court of the United States’ (SCOTUS) Dobbs decision (Dobbs v. Jackson Women’s Health Org.). The ruling overturned Roe v. Wade, which has led to an abortion ban in 24 states.