In a surprising decision, the Supreme Court of Canada reversed the Quebec Court of Appeal (QCA) last week in a decision regarding the provision and payment of “reasonable notice” on resignation. In the original QCA decision, the Court held that when an employee resigns and provides notice, the employer is free to forgo the notice period and let the employee leave immediately, without payment. This is different than in any of the common law provinces which would require the employer to pay out the common law “reasonable notice” or previously agreed upon contractual notice. While acknowledging that this may . . . [more]
Archive for ‘Substantive Law: Judicial Decisions’
A recent decision of the Court of Justice of the European Union found that the Dutch immigration authorities were not required to give a person access to a legal opinion about the person’s immigration status, though the opinion contained personal information about the person. Here is a story about the decision. Giving a summary of the personal information contained in the opinion was sufficient to comply with the obligation under the EU Privacy Directive to let people see the personal information about themselves.
Would such a request have a similar outcome in Canada, or would PIPEDA provide a separate . . . [more]
We’ve all had experience with vexatious employees (not to mention vexatious colleagues) but we employment and labour lawyers often deal with vexatious litigants who happen to be former or current employees. I’ve personally had experience with employees filing similar claims for similar incidents before the Human Rights Tribunal, Superior Court, the Workers’ Compensation Board and the Employment Standards Office. These claims can often by filed for free or minimal charge to the employee but generate huge cost for employers. Additonally, employees (particularly those who are self-represented) often file multiple pointless motions with each of those forums.
Here out west you’ll find a “Beads and Granola” culture (thank you, Douglas Coupland), where our mild work ethic, sea-to-sky nature and hospitable year-round climate lures would-be lotus eaters from across the vast confederation. British Columbia’s fresh air and crisp scenery encourages outdoor activities of all kinds. Even our roadways are a balmy, unblemished asphalt invitation for physical enjoyment through bicycling.
So it’s somewhat surprising that despite a progressive vibe, BC’s cycling laws are among the least friendly in the country.
US Supreme Court Clarifies Law on Warrantless Cell Phone Searches. Will the Supreme Court of Canada Follow?
Lower courts in both Canada and the US have been deeply divided on the application of their respective Supreme Courts’ precedents on whether the police need a warrant to search the contents of a smart/cell phone seized during a lawful arrest. On June 25, 2014, the US Supreme Court unanimously settled US law in Riley v. California, No. 13-132. The court found that privacy interests at stake outweigh any legitimate governmental interest, absent any “exigent circumstances”.
The Fourth Amendment of the US Constitution provides protection against unreasonable search. A common law exception to the protection under the Amendment . . . [more]
On the heels of the European Court of Justice’s decision, discussed on Slaw here and here, to require Google to suppress links to particular web sites that had ‘irrelevant and outdated’ personal information about a complainant, and US courts’ refusal to do the same, the British Columbia Supreme Court has now gone a step further: it has ordered Google to ensure that searches for particular topics or a particular company do not find the company defendant in the action before it.
The principals of the defendant company were accused of stealing trade secrets of the plaintiff and of . . . [more]
Sub Nomine the Sub Nom rule is one of those delightful pieces of legal Latin that I quite enjoy. I like that two words in Latin can effectively sum up a legal thought that takes at least a sentence or two in English. Sub Nom is Latin for “under the name of” or in everyday parlance, “also known as”. The most recent case from the SCC that has caused a stir in legal circles, R v Spencer, 2014 SCC 43 in which the SCC rules that police organizations cannot simply ask ISPs for the IP information of subscribers and . . . [more]
Manitoba lawyers recently received a memo from the Law Society’s Insurance Department reminding them that it’s time to pay their 2014/15 liability insurance premium.
That memo also contains the annual reminder to practising, insured lawyers to “Speak now or forever hold your peace” with respect to known or potential claims. The Law Society reminds lawyers that:
. . . [more]
Because our Professional Liability Insurance coverage is written on a claims-made basis, if you know of any circumstances which might possibly, at some point in the future, give rise to an insurance claim against you and you want coverage under your Insurance Policy, then