Legal Liability & Due Diligence – Safety is a Shared...
Please click the link below to view a printable PDF version of a handout regarding legal liability and due diligence in Nova Scotia and New Brunswick
‘Tis the season to be cautious!
It is time to revisit the topic of Host Liability and what an employer can do to ensure the holiday party is the social event of the year and not a litigation nightmare. If, as an employer, you are planning a holiday gathering where alcohol will be served, you should be aware that you may be exposing your company to significant financial liability for the actions of an impaired guest. The issue of Host Liability is categorized in three ways: Commercial, Social, and Employer. These principles and best practices are important to keep in mind, especially during this time of year.
Receivership Orders in Nova Scotia: Case Law Update
A decision was recently released from Justice Wood of the Nova Scotia Supreme Court in ECBC v Crown Jewel Resort Ranch Inc. and I.N.K. Real Estate (2014 NSSC 420) regarding receivership sales and the issuance of vesting orders on sale approval. Very few written decisions are issued in receivership proceedings in this Province so the ruling should be carefully considered and followed in future receivership proceedings and motions.
Sexual Harassment: A Delicate Matter for Employers
The recent wave of sexual harassment allegations across Canada should serve as a reminder to employers to carefully consider their response to sexual harassment complaints in order to satisfy the duty to provide a harassment-free workplace.
Can You Rely on Your Confidentiality Clause?
A recent decision of the Ontario Divisional Court confirms that employers can rely upon properly worded non-disclosure clauses contained in settlement agreements.
What the Safe Food for Canadians Act means for fishers
In 2015 the Safe Food for Canadians Act (the SFCA) will come into force and new regulations will follow. The SFCA and regulations will create a single set of food regulations and establish minimum safety requirements for all food imported or prepared for interprovincial trade or export.
Grievance Process Privilege
Employers of unionized employees are likely already aware that discussions held during the grievance process between management and union officials are privileged; that is, the nature and content of those discussions will not be admitted into evidence at a subsequent arbitration hearing without consent of both parties. The reason for the privilege is to encourage open discussion in an effort to settle disputes. The concern is that the possibility of later disclosure of grievance process discussions to an arbitrator will curtail or inhibit such discussions.
BP Canada Adds Offshore Partner
BP Canada (“BP”) has partnered with Hess Corporation (“Hess”) in its ongoing offshore oil exploration program. Hess has taken a 40% interest in BP’s work commitment of $1 billion with respect to four deep-water exploration blocks off the coast of Nova Scotia. BP will remain the operator for its four exploration licences, which are located approximately 300 kilometres off the coast of Nova Scotia.
Case Law Updates: Insurance Litigation Law
Insurance Litigation Law – Case law updates from across the region.
Performance Management of Older Workers
Given the increasing number of older employees who are choosing to remain in the workplace and the (near) elimination of mandatory retirement, it is increasingly important for employers to ensure that they are engaging in appropriate performance management of older workers. However, employers must make sure that its performance management is carried out in a way that does not trigger liability for age discrimination. This involves not only ensuring that performance standards are not based on discriminatory criteria, but also ensuring that the process is not based on stereotypes.