In April 2012, the CRA released Guidance CG-013 (revising CPS-028, June 2009), setting out in detail its interpretation of the fundraising rules applicable to registered charities. However, these guidelines are not sufficiently backed by legislation to achieve their purpose. Click to read full article Published in the Canadian Tax Focus, Volume 2, Number 3, August […]
PARTNERS IN A LAW FIRM ARE NOT EMPLOYEES UNDER THE HUMAN RIGHTS CODE
The British Columbia Court of Appeal issued its much-anticipated decision in Fasken Martineau DuMoulin LLP v. British Columbia (Human Rights Tribunal), 2012 BCCA 313, on July 19th.
With the widespread use of social media, employers frequently have to discipline employees for inappropriate content on the Internet. A recent Alberta Arbitration decision, Canada Post Corp. v Canadian Union of Postal Workers, [2012] CLAD No 85, held that termination may be warranted when an employee posts on Facebook inappropriate and offensive comments that are tied to the workplace.
Common Council for the City of Saint John (the “City”) approved a new municipal plan (the “Municipal Plan”) on January 30, 2012. The Municipal Plan sets out a long term vision for the City regarding land use, environmental stewardship, efficient delivery of municipal services, fiscal impact analysis of new or altered development applications, capital expenditures and investment decisions by the City, and detailed policies for monitoring and implementation.
The Government of Newfoundland and Labrador has made amendments to the Labour Relations Act (the “LRA”) and the Public Service Collective Bargaining Act (the “PSCBA”). Bill 37 amended the LRA and Bill 38 amended the PSCBA. Both amendments mark substantive changes to labour relations in the Province and came into force June 27, 2012. The effects of the changes most notably alter the Certification Process, Collective Bargaining/First Collective Agreements, and the scope for use of Special Project Orders (“SPO”).
In Survival Systems Training Ltd. v. Survival Systems Ltd., 2012 NSSC 202 (“Survival Systems”), the Nova Scotia Supreme Court recently dismissed a company’s motion for a injunction to prevent former employees from engaging in competitive activities. The Court confirmed that employers must meet a high threshold in order secure an injunction which would effectively prevent a former employee from working in their chosen vocation.
The New Brunswick Government is in the process of amending the Pension Benefits Act (“Act”) to legally permit a new pension model. That pension model is a hybrid between a defined benefit plan and a defined contribution plan. It is referred to as a “Shared Risk Pension Plan”. This new model is based upon a Dutch model which has remained unscathed during the “dot.com” crash and the current recession.
In the employment setting, there is a constant tension between an employer’s desire to control its image and employees’ rights to be free from discrimination and to freely express themselves. While it is generally accepted that an employer may impose appearance-based requirements if it establishes a legitimate business reason for the rule, it seems hard to believe that an employer could justify refusing to hire a person based on their physical appearance. However, in two recent decisions, the British Columbia Human Rights Tribunal found that race and age can in fact be bona fide occupational requirements.
With the widespread use of social media, employers frequently have to discipline employees for inappropriate content on the Internet. A recent Alberta Arbitration decision, Canada Post Corp. v. Canadian Union of Postal Workers, [2012] CLAD No 85, held that termination may be warranted when an employee posts on Facebook inappropriate and offensive comments that are tied to the workplace.
Almost every construction contract on large projects contains a mechanism for the
parties to resolve disputes. Many provide for multiple stages of dispute resolution, but
all aim to resolve disagreements as efficiently as possible to ensure the parties’ efforts
are focused on the project itself. This paper provides an overview of the CCDC regime and discuss some of the most commonly-seen alternatives.