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Employment Opportunities

SUPREME COURT WATCH – RECENT DECISIONS
 

Fullowka et al. v. Royal Oak Ventures Inc.
Decided February 18, 2010

Civil liability for wrongful (tortious) conduct Duty of care Vicarious liability Whether individual's intervening act of intentional wrongdoing negates a duty of care owed by those who have assumed responsibility for the safety of others Whether a parent union is liable for the wrongful actions of its locals, and whether a union is liable for the wrongful actions of its members

Plourde v. Wal-Mart Canada Corp.; Desbiens v. Wal-Mart Canada Corp.
Decided November 27,
2009

Labour relations – Closure of business – Unfair labour practice complaint alleging dismissal because of union activity – Scope of presumption in s.17 of the Quebec Labour Code and of employer's burden of proving "good and sufficient reason" for termination of employment – Whether employer may close its business for anti-union reasons in light of Charter guarantee of freedom of association and Quebec Labour Code provisions protecting employees' right to engage in union activity


Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters
Decided November 26, 2009

Constitutional law — Division of powers — Jurisdiction — Whether operations of freight-forwarding company that uses third party carrier for interprovincial transportation of freight falls within federal jurisdiction and is thus subject to the Canada Labour Code


Nolan v. Kerry (Canada) Inc.
Decided August 7, 2009

Pensions Pension surplus Plan expenses Whether employer can use surplus arising in defined benefit portion of plan to fund its contribution obligations in defined contribution portion of plan Whether employer can pay plan expenses from the pension fund


Greater Vancouver Transportation Authority v. Canadian Federation of Students – British Columbia Component
Decided July 10, 2009

Constitutional law Charter of Rights Freedom of expression Whether ban on political advertising on transit buses a breach of Charter's s.2(b) guarantee of freedom of expression


Ravndahl v. Saskatchewan
Decided January 29, 2009

Charter of Rights  Equality rights   Limitation of actions  Whether limitation period applies to bar personal claims for constitutional relief and remedies under s.24(1) of the Charter


Shafron v. KRG Insurance Brokers (Western) Inc.
Decided January 23, 2009

Employment law Restrictive covenant Non-competition clause Principles governing severance of ambiguous or unreasonable provisions


Syndicat national des employes de l'aluminium d'Arvida inc. c. Canada (Procureur general)
Decided December 11, 2008

Constitutional law Division of powers Employment insurance Whether the federal Employment Insurance Act encroaches on the provinces' constitutional jurisdiction over property and civil rights Whether surplus premiums collected by the federal government pursuant to s.66 of the Employment Insurance Act and used to pay down the national debt rather than provide employment insurance benefits amount to a hidden tax in violation of s.53 of the constitution


RBC Dominion Securities Inc. v. Merrill Lynch Canada Inc.
Decided October 9, 2008

Employment law Departing employees Whether departing employees who have not signed a non-competition or non-solicitation agreement are under an implied duty not to compete unfairly with their former employer Whether manager who orchestrated the departure of employees is in breach of an implied obligation of good faith


Montreal (City) v. Quebec (Commission des droits de la personne et des droits de la jeunesse)
Decided
August 1, 2008

Human rights Discrimination based on criminal conviction Pardon Whether applicant for employment as police officer protected under s.18.2 of Quebec's Charter of human rights and freedoms which prohibits discrimination based on a prior conviction that is in way no way connected with employment or if the person has obtained a pardon


 
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