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.
In a sole proprietorship, an individual is the sole owner of the business and is personally responsible for all the debts, obligations and liabilities related to the business. All the benefits and the profits from the operation of the business are considered to be those of the sole proprietor.
In the matter of Prevost v. Prevost Estate, 2015 NSSC 10, Justice Michael Wood was called upon to determine who should pay costs flowing out of a contested Court application which sought an accounting by the personal representative of the Prevost Estate.
Recently, the Prince Edward Island Supreme Court in IUOE Local 942 v. Health P.E.I., 2014 PESC 31 (CanLII) heard an application by a union for judicial review. The Court reviewed a decision of the Prince Edward Island Labour Arbitration Board (the “Board”), which upheld the termination of unionized probationary employee.
Any corporate or commercial transaction involving a Newfoundland and Labrador corporation must include a consideration of the prohibited financial assistance provisions in the Corporations Act (Newfoundland and Labrador) and how to address any issues that arise. Failure to do so could result in the enforceability of a loan or guarantee, personal liability for corporate directors and professional negligence claims. This newsletter outlines the concept of prohibited financial assistance under NL corporate law and the most common ways the prohibition is overcome or mitigated.
Under what circumstances can and should a Court remove a Personal Representative appointed by the will of a deceased? This was the main issue which faced Justice Gogan in the matter of Willisko v. Pottie Estate, 2014 NSSC 389.
Last month, the Federal Court of Appeal released a decision of importance to all federally regulated employers. In Atomic Energy of Canada Ltd. v. Wilson, 2015 FCA 17, the Federal Court of Appeal explained that a dismissal without cause is not necessarily an “unjust dismissal” pursuant to s. 240 of the Canada Labour Code.
Turner v. Newfoundland and Labrador (Legal Aid Commission), 2014 NLTD (G) 156, is a new case out of Newfoundland and Labrador addressing applicable damages in the context of a wrongful dismissal from employment.