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SCC to hear case on impact of sale of business, wrongful dismissal on enforceability of non-compete in Quebec context

Jurisdiction: - Quebec

The Supreme Court of Canada announced today that it will hear the appeal in Yannick Payette, Mammoet Canada Eastern Ltd., successor to Mammoet Crane Inc. v. Guay inc. (Que. C.A., Dec. 12, 2011) (34662).

As set out in the Court's summary, the key issue on appeal is whether the Quebec Court of Appeal erred in applying a non-competition clause despite the broad scope of the clause and the wrongful termination of employment relationship in light of the Civil Code regime.

By way of background, the Court's summary states:  read more »

"Is Excessive Internet Use Time Theft?"

"Is Excessive Internet Use Time Theft?" (May 16, 2012) is the subject of the latest HR Space bulletin from law firm Faskens. It was written by Hadiya J. Roderique.

The bulletin discusses a labour arbitration award and a decision of the Public Service Labour Relations Board, that were both issued in late 2011:

  1. Andrews v. Deputy Head (Department of Citizenship and Immigration)  2011 PSLRB 100  (August 2011); and
  2. Health Sciences Association of British Columbia v. Health Employers' Association of British Columbia  [2011] B.C.C.A.A.A. No. 125 (Glass) 

BC unemployment rate at 6.2% in April, down from 7% in March

The Statistics Canada Labour Force Survey for April 2012 is out and contains the following statistics of interest:

British Columbia

  • The unemployment rate declined from 7% in March to 6.2% in April 2012. 
  • Continuing an upward trend that began in February 2011, employment in British Columbia increased by 20,000 in April.
  • Compared with 12 months earlier, employment growth was 2.1%, the third-highest of all provinces.
  • Since the unemployment rate peaked at 8.7% in February 2011, it has gradually declined to 6.2% in April.

National  read more »

Top 5 Business Immigration Law Boutique Firms in Canada

The April 2012 edition of Canadian Lawyer magazine lists the following firms as the "Top 5" business immigration law boutiques in Canada:

  1. Corporate Immigration Law Firm (Toronto) www.cimmigrationlaw.com
  2. Egan LLP (Vancouver, Calgary, Toronto, Montreal) www.eganllp.com
  3. Green and Spiegel LLP (Toronto) www.gands.com
  4. Guberman Garson (Toronto) www.gubermangarson.com
  5. Maynard Kischer Stojicevic (Vancouver) www.vancouverlaw.ca

Court imposes $25,000 fine on Teamsters Local 31 for defiant picketing activities, with option to pay Food Bank

Jurisdiction: - British Columbia
Sector: - Transportation

In Great Canadian Railtour Company Ltd. v. Teamsters Union, Local 31, 2012, BCSC 632 the BC Supreme Court imposed $25,000 fine on the union for its role picketing activities in contempt of a court order. The court gave the union the option of paying the funds to the Greater Vancouver Food Bank Society.

My previous post on this case can be found here: "Teamsters Local 31 in contempt of court for impeding traffic during Rocky Mountaineer labour dispute".

BC Government announces new measures to address workplace bullying and prevention

Jurisdiction: - British Columbia

The BC Government issued a news release on May 2, 2012 announcing new measures to address workplace bullying and harassment. The release states:

A pledge to prevent workplace bullying and harassment was made in conjunction with amendments to Bill 14 tabled today by Margaret MacDiarmid, Minister of Labour, Citizens' Services and Open Government.

The Province is taking immediate action against bullying and harassment in the workplace. Action items include:  read more »