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.
Free Trade with Europe
Last month the government of Canada signed an historic free trade agreement with the European Union (“EU”), the world’s largest single market for goods and services. The Comprehensive Economic and Trade Agreement (“CETA”) is expected to come into force in 2016.
Does Age Have An Impact on a Dismissed Employee’s Duty...
When an employee is dismissed from his/her position, they have a duty to seek alternative employment to “mitigate their damages”. Failing to mitigate results in a reduction of damages that a plaintiff would otherwise receive. A recent British Columbia decision suggests if an older employee fails to mitigate, the reduction in damages will not be as significant compared to a younger employee in the same circumstances.
Who Gets the Money: Builders’ Lien Trust Claimants or Bankruptcy...
Both the Mechanics’ Lien Act in New Brunswick and the Builders’ Lien Act in Nova Scotia contain provisions which deem certain money received by owners, builders and contractors to be held in trust for those below them on the construction ladder. The money is to be held in trust for the protection of those to whom money is owed as a result of services or materials supplied to the construction project.
The Older Job Applicant: Human Rights Considerations
The number of workers over the age of 65 has significantly increased in recent years, and a survey by Towers Watson found that one-third of all respondents and 42% of older workers have decided to delay retirement. This aging workforce demographic means that not only are there more older workers remaining in their employment, but also that there are many older workers seeking new employment. This includes both older workers who have never left the workforce, and those who have retired. Statistics Canada found that more than half of workers aged 55 and older who left their careers returned to the workforce within a decade.
Employee Misconduct: Is it Cause for Dismissal?
A recent case from the Ontario Superior Court of Justice serves as a good reminder to employers that there is a high standard to dismiss an employee for cause, particularly if it is a long serving employee with a good performance record.
Oil & Gas Update: Shell Canada Ltd. Becomes Joint Venture...
In June of this year, Shell Canada Ltd. (“Shell”) announced that it had entered into an agreement with ConocoPhillips and Suncor Energy to become joint venture partners with respect to the exploration and development of Shell’s $1 billion offshore exploration project in the Shelburne Basin. Shell maintains a 50% interest in six exploration licenses that cover a contiguous area of 19,845 km2 located roughly 300 km off the coast of Nova Scotia and Shell remains the operator of the project.
Risky Business: Is Your Brand Protected?
Imagine you spend a year growing your business. You invest in the perfect logo, an eye-catching sign, and a sharp website. You spend hours networking with potential clients. You go above and beyond for your customers in the hopes that they will remain loyal. And word is starting to spread. After all the hard work and long hours, your business is finally gaining momentum.
Fixed Term Contracts May Require a Second Look
Fixed term employment contracts are a practical management tool for various reasons including the completion of short term projects or replacement of a permanent employee on leave. However, employers often use successive fixed term agreements for another reason – to avoid notice or severance obligations upon termination of employment. Such misuse can have significant impacts on employees. For example, indefinite term employees are entitled to statutory notice of termination and, in the absence of express language, reasonable notice at common law. Fixed term contracts end at the conclusion of the specified term with no notice required.