A recent decision of the Court of Appeal for Ontario reinforces the importance of carefully drafting restrictive covenants and considering what evidence is necessary to succeed on a summary judgment motion. The claim arose when individual employees left their employer to work for a competitor. The former employees were all subject to the same “non-competition”…
Industry: Professional & Technical Services
Federal Government Announces Budget Bill No. 2
On October 22, 2013, the federal government announced the introduction of the Economic Action Plan 2013 Act, No. 2. The Bill would, if passed, implement key measures from Economic Action Plan 2013 (the Budget), as well as certain previously announced tax measures. Among other things, the Bill would: freeze Employment Insurance premium rates for three…
Paul Broad Quoted in Lexpert Magazine
In the October 2013 edition of Lexpert Magazine, an article entitled “The Exponential Growth of Privacy Law” discussed privacy law as a growing legal practice that permeates nearly every business decision, and transcends nearly every industry. In the article, Paul Broad commented on CASL [Canada’s new anti-spam and anti-malware law], “CASL will cover all sorts…
Is Drinking and Driving Cause for Dismissal?
In some circumstances, yes. In the recent decision of Dziecielski v. Lighting Dimensions Inc., the employee drove a company vehicle while intoxicated. He was returning to the workplace from a customer visit and a lunch where he drank four beers, when he was involved in a car accident which destroyed the vehicle and left him…
Who’s Who Legal August 2013 Issue Recognizes Hicks Morley as Leading in Labour, Employment and Pensions
Hicks Morley’s Stephen Shamie, and John Brooks were mentioned in the September 2013 edition of Who’s Who Legal in an article entitled, “Management Labour & Employment Marketplace Analysis.” The article featured lawyers who are specialists on management-side issues for labour and employment, and pension law, and stated as follows: “Hicks Morley Hamilton Stewart Storie fields…
New Privacy Legislation in Manitoba
Organizations with operations in Manitoba need to be aware that the Manitoba Legislature has recently passed new privacy legislation that will apply to the private sector and, to a lesser degree, to the not-for-profit sector – The Personal Information Protection and Identity Theft Prevention Act (“PIPITPA” or the “Act”). PIPITPA will establish rules for the…
Manitoba Passes Private Sector Privacy Legislation
On September 12, 2013, Bill 211 The Personal Information Protection and Identity Theft Prevention Act, a Private Member’s Bill, passed Third Reading in the Manitoba Legislature. It received Royal Assent on September 13, 2013. Subject to specified exemptions, Bill 211 will apply to all organizations in the province (including private sector organizations) and will govern…
Leaves to Help Families Act Passes Second Reading
On September 25, 2013, Bill 21, Employment Standards Amendment Act (Leaves to Help Families), 2013 passed Second Reading in the Ontario Legislature and was referred to the Standing Committee on General Government. As previously reported, if passed, Bill 21 would allow eligible employees to take the following job-protected unpaid leaves of absence: Family Caregiver Leave…
Ontario Introduces Bill to Amend the Employer Health Tax Act
On September 24, 2013, the Ontario government introduced Bill 105, Supporting Small Businesses Act, 2013. Among other things, the Bill would, if passed, amend the Employer Health Tax Act to increase the exemption amount for eligible employers to $450,000 for the calendar years 2014 to 2018, after which an exemption amount would be adjusted every…
Raising the Bar – Sixth Edition
“There are far, far better things ahead than any we leave behind. “ C.S. Lewis Dear Friends, Welcome back from the summer! We hope that all of our readers had a chance to get in some rest and relaxation with friends and family over the past few months, and we are sure that you…