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| Employment
Law
l Emerging Law |
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Employment
law is forever shifting and adapting as new cases come to trial.
Landmark decisions provide the foundation by which similar issues will be judged in the future.
Listed
below are are recent cases which will have considerable impact on
future decisions.
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Wallace
vs United Grain Growers
The Supreme Court of Canada in Wallace determined that
"normal notice periods" will be enhanced when the
employer's conduct falls short of the implied duty of fair
dealing.... |
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Whiten
vs Pilot Insurance Company
When the Whiten house burned down in Renfrew Ontario, the
insurer denied liability, asserting that the Plaintiff
Daphne Whiten was the cause of the fire herself and had
committed arson.... |
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Sylvester
vs. Province of British Columbia
Before Sylvester, the Ontario Court of Appeal decision in ,
determined the law with respect to an employee who was fired
and suffered a medical illness in the notice period.... |
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New
Cases on Restrictive Covenants
Restrictive covenants tend to be common in the dentistry
profession. Quite often professionals are governed, however,
by an obligation to look after the welfare of the patient.. |
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McKinley vs. BC Tel
The Supreme
Court has set new rules on dismissal for performance reasons.
Both employers and employees should be aware of this decision. |
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Prinzo vs.
Baycrest
The Ontario
Court of Appeal contemplates a Wallace extension with no
mitigation offset. |
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(Fellow
barristers and solicitors may wish to sign up to David's regular E-Newsletter
or subscribe to Wrongful
Dismissal Quarterly to keep abreast of all current activity.)
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