Tag: common law

retirement

Supreme Court May Have to Decide Fate of DOL Fiduciary Rule

The future of the Department of Labor’s (DOL) fiduciary rule could land on the docket of the U.S. Supreme Court now that a federal appeals court has vacated the rule, including the expanded definition of “investment advice fiduciary” and associated exemptions.

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Probationary clauses: Devil is in the details

by J. Alexandra MacCarthy In Canada, the legal effect of a probationary clause in an employment contract can be unclear depending upon the facts of the particular case. The Supreme Court of British Columbia recently addressed probationary clauses in employment contracts in Ly v. British Columbia (Interior Health Authority), 2017 BCSC 42. The plaintiff (PY) […]

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Promos, but no privacy…

Litigation Value: Unknown Last night’s episode of The Office gave the characters their first glimpse into their upcoming documentary. Surprisingly, this seems to be the first time any of them contemplated that the world (literally) will be able to see their personal and professional antics that have entertained all of us for the past 10 […]

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Mo’ Money! Statutory Termination Can Lead to Common Law Damages

By Marisa Victor and Sean McGurran Following a recent decision by Ontario’s highest court, employers across Canada may now be on the hook for more termination pay when nonunion employees are laid off for an extended period. In the recent decision of Elsegood v. Cambridge Spring Service (2001) Ltd. (Elsegood), the court concluded that when […]

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Canadian Employers May Be Obligated to Provide References

by Stephen Acker and Christopher Ferguson Letters of reference are understandably important to employees. For many employees, they are considered essential rather than a hopeful add-on to an application. A glowing letter of reference from a trusted source can sometimes tip the balance and lead to a hire. A bad or withheld letter, or one […]

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