The Supreme Court of Canada (SCC) has announced that its decision in Nolan v. Kerry (Canada) Inc. will be released at 9:45 a.m. on Friday August 7, 2009. It is anticipated that the SCC decision will provide much needed guidance on a number of important issues, including: the use of pension fund assets to pay…
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Hicks Morley Information & Privacy Post – Spring 2009
We’re happy to publish the first 2009 edition of the Hicks Morley Information and Privacy Post! As usual, we have summarized the most recent and notable cases relating to privacy and access to information, protection of confidential business information and the law of production. So what’s new? Much has been said about Leduc v. Roman,…
School Board Update
IN THIS ISSUE EFTO Bargaining Support Paid Religious Leave Management’s Rights Job Qualifications of Teachers Union Dues Trustee Conflict of Interest Damages for Maximum Class Size Violations Access to Adverse Reports Workers’ Compensation Claims and the Human Rights Code ETFO BARGAINING SUPPORT Public district school boards have less than a month in which to reach…
Hicks Morley Information & Privacy Post – Fall 2008
We’re nearing the end of 2008 and are happy to present another edition of the Post. There’s been no shortage of significant developments in the law of information and privacy of late, including a rather welcome clarifying judgement from the Alberta Court of Appeal on the law of spoliation. The case, called McDougall, certainly does…
Cloud Computing, Second Life and the University
This short university sector bulletin raises an important policy issue about setting rules that govern the choice faculty and staff have in using the internet to perform their jobs. We would like to raise and invite a policy discussion on the legal issues raised by “cloud computing” and the increasing business use of consumer-marketed internet…
2008 Summer Issue
PRACTICE PROFILE Class actions with an HR twist LEGAL DEVELOPMENTS Mitigation of damages: Strategic considerations for employers Changing a term of employment? Notice may not be enough PROFILE A Pension Benefit Download PDF
Hicks Morley Information & Privacy Post – Summer 2008
ENJOY YOUR SUMMER! We hope you enjoy this mid-summer edition of the Hicks Morley Information & Privacy Post – our quarterly newsletter about case law developments in privacy, access to information, the protection of confidential business information and the law of production. We’ve had a busy summer for client relations here, having recently launched a…
No Surplus Distribution Required on Partial Termination of Federally-Regulated Pension Plans
In its much anticipated decision in Cousins v. Canada (Attorney General) and Marine Atlantic Inc. (“Marine Atlantic”), the Federal Court of Appeal has concluded that the federal Pension Benefits Standards Act, 1985 (the “PBSA”) does not require a proportionate distribution of surplus on a partial termination of a defined benefit (DB) pension plan. The Federal…
Honda Canada Inc. v. Keays: The Supreme Court of Canada Strikes Down Landmark Damages Award
INTRODUCTION It is difficult to recall an employment law case which has generated as much interest, or created as much debate, as the litigation between Kevin Keays and his former employer, Honda Canada Inc. The trial decision, which was released in 2005, created a shockwave within the employer community, with its blistering critique of Honda’s…
Supreme Court Speaks on School Searches
On April 25th the Supreme Court of Canada issued a much anticipated decision concerning a sniffer dog search of a high school that led to drug related charges against a student. A 6-3 majority of the Court held that the police violated the student’s Charter right to be free from unreasonable search and seizure and…