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Manufacturing

Can an employee sue both the vendor and the purchaser of a business for wrongful dismissal?

Jurisdiction: - British Columbia
Sector: - High Tech - Manufacturing

In a recent case the B.C. Court of Appeal confirmed that an employee can sue both the Vendor and Purchaser of a business for wrongful dismissal where he/she has been dismissed after the sale of the business. Specifically, the law is:  read more »

Payment made to individual for non-compete in context of share purchase transaction not subject to income tax

Sector: - Manufacturing

In Manrell v. The Queen, 2003 FCA 128, the Federal Court of Appeal ruled that a payment made to an individual for a personal non-compete restriction in the context of share purchase transaction was not subject to income tax.

This Tax Update ("Court says Non-Compete Payment is Non-Taxable") by lawyers at Davis & Company discusses the decision.

BC Supreme Court certifies wrongful dismissal class action

Jurisdiction: - British Columbia

In Gregg v. Freightliner Ltd., 2003 BCSC 241, the BC Supreme Court certified a wrongful dismissal class action proceeding. There are approximately 200 employees in the class. The court certified the following six common issues to be tried:  read more »

"Fiduciary Duties May Not Survive Wrongful Dismissal"

Jurisdiction: - Ontario
Sector: - Manufacturing

The May 2002 Employment and Labour Law Update from Sherrard Kuzz LLP includes an article entitled, "Fiduciary Duties May Not Survive Wrongful Dismissal". The article reviews the decision in Zesta Engineering Ltd. v. Cloutier, 2001 CanLII 28294 (ON S.C.).