Recent Arbitral Decisions on Termination for Cause
Employers with unionized workforces know that it is always difficult to have a termination for just cause upheld in a unionized setting. This is because ... Continued
Capacity to Instruct Counsel
There are a number of areas of practice where questions of capacity to instruct counsel arise and often perplex lawyers. The issue is obviously one ... Continued
Victory for Insurance defence of significant nervous shock claim
After merely witnessing a traumatic event, the plaintiff made a seven figure claim for permanent psychological injuries which was recently dismissed in its entirety by ... Continued
Keyword Advertising Appeal Discounts Trademark Analogies
Canada continues to await its first Court decision on the use of trademarks in keyword advertising. The British Columbia Court of Appeal issued its decision this week in ... Continued
A Gift that Lasts
When does a gift take effect? Is it enough to tell a friend or relative that you give them your car or your shares in ... Continued
Employee Injury and the CGL Policy
An important feature of CGL insurance is that it provides “litigation cost” coverage: if the lawsuit against the insured alleges claims which may possibly fall ... Continued
Trademark Summary Expungement Proceedings: Evidentiary Issues
In 1459243 Ontario Ltd. v. Eva Gabor International, Ltd., the Federal Court set aside the Registrar’s decision expunging a trademark under section 45 of the ... Continued
Clarification on Limitation to Commence Lien Against the Holdback
The Builders Lien Act, S.B.C. 1997, c. 45 (the “Act”) and the well known Shimco case provide that the holdback required to be retained on ... Continued
SEC Adopts “Say-On-Pay” Rules
The SEC adopted new say-on-pay rules.
SEC Proposes Changes to Accredited Investor Qualifications
The SEC proposed changes to accredited investor qualifications.
Damage Caused By Grow-Ops… Covered!
Hanlon v. ING Insurance Company of Canada, 2011 BCSC 73 An unsuspecting Salmon Arm resident, Ms. Hanlon, had the misfortune of renting her home (the ... Continued
The Statutory Declaration – Good to Get, but No Guarantee
The regime for construction contracting is like a pyramid, with labour and materials ascending from workers and suppliers through subcontractors to the general contractor and ... Continued