Many think Canadian courts award relatively modest damage awards in tort cases, especially when compared to our U.S. neighbours. However, a recent case, Rook v Halcrow, shows that Canadian courts will award significant damages
Continue Reading Canadian court awards significant defamation damages — are online platforms immune?
Kevin Wright, Todd Shikaze and Emily Snow recently authored “On the ‘Level’ After Godfrey: Proving Liability in Canadian Price Fixing Class Actions,” for the December 2017 edition of Class Action Defence Quarterly. In
Continue Reading Kevin Wright, Todd Shikaze and Emily Snow author article on proving liability in Canadian price fixing class actions
There has been significant discussion in recent weeks concerning the recent Alberta Court of Appeal decision on random workplace drug testing. Suncor Energy Inc. v Unifor Local 707A, 2017 ABCA 313 saw the appellate
Continue Reading Alberta Court of Appeal decision supports random workplace drug testing in safety-sensitive workplaces
Employment law and human rights law have protections for employees who take time off work because of injuries or sickness. Physical or mental disability is also a protected ground and cannot be a reason or
Continue Reading Employee dismissed while on medical leave did not face discrimination, BC Human Rights Tribunal rules
Public companies in Canada can reasonably expect a degree of scrutiny by market participants. But perhaps no class of commentator can create more anxiety to a public company than a well-known short-seller issuing a highly
Continue Reading How can Canadian companies address short-seller attacks?
In Coffey v. Nine Energy Inc., 2017 ABQB 417, the plaintiff Nathan Coffey sought summary judgment in a wrongful dismissal action. The defendant employer conceded that there was no cause for dismissal but also
Continue Reading No summary judgment for reasonable notice determinations
In Carroll v. Purcee Industrial Controls Ltd, 2017 ABQB 211, the Court of Queen’s Bench of Alberta recently decided whether requesting a severance package amounted to a resignation. The main issue before the Court
Continue Reading Why employers should not take resignations at face value
As technology continues to blur the line between personal and professional life, employers increasingly find themselves dealing with the impact of social media on the employment relationship. Not only can social media activity provide evidence
Continue Reading Employee misconduct and social media
The recent Alberta Court of Appeal decision Styles v Alberta Investment Management Corporation has highlighted the inherent right of an employer to terminate employment without cause on reasonable notice or payment in lieu thereof. This
Continue Reading Clear contractual language prevails in court decision on incentive payout upon termination
When an employee’s employment is terminated without cause, in the absence of an enforceable termination provision in an employment agreement, the employee will be entitled to reasonable notice of termination of employment at common law.
Continue Reading Employee’s “unilateral life plans” are not relevant to reasonable notice of termination of employment
