In Nova Scotia, employees with ten years of service are provided with special protections under the Labour Standards Code. Section 71 of the Code provides that, subject to certain exceptions, an employer can only dismiss an employee with ten years of service or more for just cause. This is called the tenured employee rule.
In its most recent action (see our discussion of the earlier Compu-Finder action and the Plentyoffish action) under Canada’s Anti-Spam Legislation (the “Act” or “CASL”)1, the Canadian Radio-television and Telecommunications Commission (the “CRTC”) has grounded Porter Airlines Inc. (“Porter”) for alleged violations of paragraphs 6(1)(a), 6(2)(b) and 6(2)(c) and alleged non-compliance with paragraph 11(1)(b) and subsection 11(3) of the Act, as well as alleged non-compliance with subsection 2(2) and section 3 of the Electronic Commerce Protection Regulations (CRTC), SOR/2012-36 (the “CRTC Regulations”).
The growth of social media and its integration into our lives and the workplace continues to evolve. Over the last decade, courts and arbitrators have consistently held that inappropriate social media postings may warrant disciplinary action, even if the content is posted while an employee is off-duty.
Hot on the heels of the Compu-Finder action, the Canadian Radio-television and Telecommunications Commission (the “CRTC”) has netted its next catch in its pursuit of regulating the use of commercial electronic messages.
Courts and lawmakers often refer to Canada Revenue Agency (“CRA”) as an involuntary creditor when businesses fail to make required tax payments to the governmental authority. The timely collection of taxes and payroll deductions also plays a fundamental role in the financing of government.
Canada has been somewhat of a laggard when it comes to the accession and implementation of international trade-mark treaties, but this is changing. While discussion has carried on for years, a serious push began in 2014 to implement three key trade-mark treaties
Equity crowdfunding provides an innovative, fresh and new opportunity for entrepreneurs to fund their start up corporations in New Brunswick. However, the legal implications and ramifications can be complicated. Outlined below are a few issues that any entrepreneur will want to consider before entering the equity crowdfunding universe.
In Evans v Avalon Ford (1996) Limited, 2015 NLTD(G) 100, the employee, Mr. Evans, was Fleet Manager at the Avalon Ford auto dealership, the largest Ford dealership in Atlantic Canada (the “Dealership”), for more than 12 years. On the morning of Thursday, June 10, 2010, a meeting was called by Mr. Wilkins, the Dealership’s owner to discuss an error regarding the delivery of a commercial vehicle without appropriate paperwork being completed.
In its first enforcement action under Canada’s newly minted Anti-Spam Legislation (the “Act” or “CASL”)1, the Canadian Radio-television and Telecommunications Commission (“CRTC”) issued a Notice of Violation in March pursuant to section 22 of the Act against 3510395 Canada Inc. (“Compu-Finder”) for its alleged violations of CASL.
To appreciate the dangers of varying employment terms, we must start with the foundations of contract law. First, a contract requires that each party receive a benefit (consideration). Second, if the parties agree to a variation of contract, but consideration is not received by both parties, Courts will consider the new contract an “unenforceable unilateral variation”. Third, it is not normally considered a benefit to tell your employee “if you agree to this, you get to keep your job.” That is a benefit your employee was already entitled to under the original terms of employment, and therefore, does not constitute “fresh” consideration.