Tag: fiduciary duty

Employees required to prove what they didn’t steal

By Kyla Stott-Jess Aug 18, 2013 Northern Exposure

Updated: Aug 18, 2013

By Kyla Stott-Jess A recent Alberta Court of Appeal case, 581257 Alberta Ltd. v. Aujla, is good news for employers. The court reversed the normal onus of proof, requiring the employees to prove that certain monies they deposited into their bank account were not stolen from their employer.

Biting the Fiduciary Bullet: A Case for Post-Employment Restrictive Covenants

By Northern Exposure Jun 10, 2012 Northern Exposure

Updated: Jun 10, 2012

By Kyla Stott-Jess and Devin Crisanti Post-employment restrictions can be tricky to enforce. But if drafted properly, they can be valuable. As one Alberta employer recently discovered in ADM Measurements Ltd. v. Bullet Electric LTD, relying on implied fiduciary duties to do the job of contractual restrictions can be a pricey gamble. Background The employer, […]