Publications

The Federal Court of Appeal decided in Western Grain By-Products Storage Ltd. v. Donaldson, 2015 FCA 62 (March 4, 2015), that Western Grain By-Products Storage Ltd (“Western Grain”) did not constructively dismiss its employee, Donaldson, when it refused to return him to work from extended leave due to illness without receipt of “a better doctor’s note.”

The existence of counterfeit products often signify that a particular brand or product has ‘made it’: it is now sufficiently popular that someone is making knock-offs. Of course, counterfeits are a nuisance for legitimate rights holders and indeed harmful to consumers, who may not get the product they expect (and certainly without the usual warranties, etc. that legitimate products carry).

Last year, we discussed a case which held that preventing an employee from working during a purported “working notice” period can constitute constructive dismissal. The rationale for the decision was that unilaterally preventing an employee from performing their duties (even when they’re still receiving their pay and benefits) is a fundamental change to the terms of employment.

This case provided the Court with the opportunity to address whether there was or should be an over-arching duty of good faith in contract performance, or alternatively if a more limited duty of honest contractual performance should be recognized.

The Supreme Court of Canada has held, in Saskatchewan Federation of Labour v. Saskatchewan, 2015 SCC 4, that the right to strike is an essential part of a meaningful collective bargaining process that is protected by the fundamental right of freedom of association set out in section 2(d) of the Canadian Charter of Rights and Freedoms (the “Charter”).

The Supreme Court of Canada has overturned the New Brunswick Court of Queen’s Bench and the New Brunswick Court of Appeal in a new landmark constructive dismissal case: Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10.

The primary question which the Court addressed in this decision is whether and in what circumstances is the interpretation of a contract solely a question of law as opposed to a question of mixed fact and law. The answer was – rarely.

“I know it’s outside the scope but we’ll work out the details after it’s finished.”

The number of workers over the age of 65 has risen significantly in recent years. The increasing number of older employees who are choosing to remain in the workplace, combined with the (near) elimination of mandatory retirement, has raised many considerations that employers have not previously addressed.