Business Operation: Alberta

Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights

· 7 min read

Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.

Appellate Court Issues Favourable Decision for Suncor on its Random Drug and Alcohol Policy

· 5 min read

The legal saga on the issue of random drug and alcohol testing of employees continues. In Suncor Energy Inc v Unifor Local 707A, the Alberta Court of Appeal sent the issue of whether Suncor’s random drug and alcohol testing policy violated the privacy rights of its unionized workers back to a new arbitration hearing before…

Appeal Court Affirms Exclusive Jurisdiction Model Applies in CFL Concussion Case

· 4 min read

In a case that continues to attract media attention, the British Columbia Court of Appeal (Court) upheld a lower court decision that concluded it was without jurisdiction to hear claims brought against the Canadian Football League (CFL), its teams and various individuals relating to concussions alleged to have occurred to a former professional football player,…

Federal Government Introduces Amending Legislation to Support CPP Enhancement

· 2 min read

On October 6, 2016, the federal government introduced Bill C-26, An Act to amend the Canada Pension Plan, the Canada Pension Plan Investment Board Act and the Income Tax Act, new omnibus legislation to support Canada Pension Plan (CPP) enhancement. If passed, Bill C-26 would, among other things, amend the CPP to: increase the maximum…

Qualified Foreign Pension Fund Exemptions for Certain U.S. Investment Offerings

· 2 min read

Canadian pension funds are continually seeking investment opportunities abroad with a view to diversifying their portfolio and maximizing risk-adjusted returns. Offerings of investments in U.S. real estate and infrastructure projects will likely increase as a result of recent U.S. legal reforms which aim to attract foreign investment in these areas. Under the U.S. Foreign Investment in Real…

Arbitrator Dismisses Grievance over Denial of Benefit Reimbursement for Medical Marijuana

· 3 min read

Arbitrator Sheehan recently dismissed a grievance by the Hamilton Professional Fire Fighters’ Association which asserted that the denial of a claim for payment of the grievor’s spouse’s medical marijuana breached the collective agreement. The grievor had submitted a claim to Manulife under the City of Hamilton’s benefit plan, seeking reimbursement for its costs. He had…

New Proposed Federal Bill to Reverse Canada Labour Code Certification and Decertification Reforms, C-377 Union Disclosure Obligations

· 2 min read

Further to its election platform, on January 28, 2016, the federal government introduced Bill C-4, An Act to amend the Canada Labour Code, the Parliamentary Employment and Staff Relations Act, the Public Service Labour Relations Act and the Income Tax Act. Among other things, this legislation would, if passed, amend the Canada Labour Code (“CLC”) to effectively repeal…

Supreme Court of Canada on Prima Facie Discrimination and a Plaintiff’s Burden of Proof

· 4 min read

The Supreme Court of Canada recently overturned a decision of the Québec  Human Rights Tribunal (“Tribunal”) which found that Bombardier had discriminated against a pilot, Mr. Latif, by refusing to provide him with training on certain Bombardier aircraft after U.S. authorities denied his security clearance. The unanimous Court found that there was insufficient evidence to…