Happy New Year: Termination Clause Upheld by Court of Appeal
Jan 16, 2018In Nemeth v Hatch Ltd the Court of Appeal found the termination clause in the plaintiff's employment contract limited his notice entitlement.
Aggravated Damages Awarded by BC Court As Denunciation of Employer’s Disingenuous Offers and Aggressive Defenses
Jan 16, 2018BC Court provides reminder to employers that use of aggressive and unmeritorious defence tactics may not lead to hoped for result of persuading terminated employee to accept unreasonable settlement
Ontario Court Provides Some Guidance as to Due Diligence in Health and Safety Charges
Jan 15, 2018Ontario Court dismisses Occupational Health and Safety Act charge in work fatality finding that employer established due diligence in the circumstances
The Top 10 Trademark Cases of 2017
Jan 15, 2018McMillan LLP's Intellectual Property group welcomes readers into 2018. Our gift is a top 10 list of trademark cases from Canadian case law from 2017
2017 Round-up: Patent Applications related to Data Processing at CIPO
Jan 12, 2018The patentability of computer-implemented inventions is a topic of interest in Canada. Patentable subject matter is set out in Practice Guidance Following the Amazon FCA Decision
Liens in the Context of Gas Processing Facilities
Jan 10, 2018Lessons Learned from Cansearch Resources Ltd. v Regent Resources Ltd.
Will Your Non-compete Hold Up? BC and Ontario Courts Rule on Ambiguous and Overbroad Non-compete Restrictions
Jan 10, 2018Dangers of overly broad or ambiguous non-compete clauses. BC Court of Appeal upheld BC Supreme Court decision that non-compete clause was too broad and ambiguous and unenforceable
Notable Changes to the Ontario Human Rights Code Likely On Their Way
Jan 9, 2018Bill 164 adds four new prohibited grounds for discrimination immigration status, genetic characteristics, police records and social condition
Drafting Termination Clauses – Be Careful That Your Fail-Safe Provision is Safe and Doesn’t Fail
Jan 9, 2018Ontario employment law focused on use and construction of termination clauses in employment contract. 2017 decision involves proper use of fail-safe provisions
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