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Corporate Transactions

Employer not required to hold corporate reorganization in abeyance pending resolution of employee's disability

Jurisdiction: - Canada/Federal

Tutty v. Canada (Attorney General), 2011 FC 57

Postscript: Jennifer M. Shepherd and Gulu Punia at the Fasken Martineau office in Calgary have prepared the following summary of this decision:  "Accommodation Does Not Prevent Corporate Reorganization" (February 1, 2011).

"Privacy In Practice: Top 10 Workplace Q&As"

Andrea York, a lawyer at Blakes, wrote a paper entitled, "Privacy In Practice: Top 10 Workplace Q&As" for the Six-Minute Employment Lawyer conference that was presented by The Law Society of Upper Canada in Toronto on June 15, 2010. 

The 10 questions she addresses are:  read more »

Federal government introduces long awaited amendments to PIPEDA

Jurisdiction: - Canada/Federal

The federal government has finally introduced the long awaited and much needed amendments to PIPEDA, the private sector privacy legislation that applies to federally regulated operations, and also provincially regulated operations in some capacities in all provinces except BC, Alberta and Quebec.

The proposed amendments are in response to the 2007 report that followed the mandatory statutory review of PIPEDA.

Key among the proposed amendments - which were introduced on May 25, 2010 and contained in Bill C29 (An Act to Amend Personal Information Protection and Electronic Documents Act) - are:  read more »

"CCAA: The Ultimate Restructure"

Jurisdiction: - Canada/Federal

Ontario labour and employment lawyer Janice B. Payne has written a paper entitled "CCAA: The Ultimate Restructure" (September 21, 2009). The first part of the paper provides an overview of the Companies' Creditors Arrangement Act ("CCAA").

The second part of the paper focuses on employment issues under the CCAA and specifically addresses:  read more »

Change in circumstances was transfer of business, not termination; no severance owing under Canada Labour Code

Jurisdiction: - Canada/Federal

Group 4 Falck (Canada) Ltd. and Abdulla (Re) (October 13, 2009, Canada, T. Hodges)

"Employment in Tough Times - Interplay Between Employment and Insolvency"

Richard Press, a lawyer at Davis LLP co-authored a paper entitled "Employment in Tough Times - Interplay Between Employment and Insolvency" for the Employment Law Conference - 2009 CLE in Vancouver.

"Downsizing and Sale of a Business Unit"

"Downsizing and Sale of a Business Unit" is the title of a paper prepared by a lawyer at Clark Wilson LLP in Vancouver.

It provides a comprehensive overview of issues to consider when terminating/transferring employees as part of a corporate transaction and ends with a useful summary of "what the vendor wants" and "what the purchaser wants" in order to minimize their respective exposure to claims by employees. 

"Transfer of Jurisdiction Handbook on Employment Issues"

The First Nations School Association ("FNSA") has prepared a "Transfer of Jurisdiction Handbook on Employment Issues" (September 11, 2008). As stated in the introduction, the Handbook:

...is aimed mainly at Participating First Nations that will take jurisdiction over education pursuant to the First Nations Jurisdiction over Education in British Columbia Act (Canada), the First Nations Education Act (BC), and various jurisdiction agreements. The purpose is to identify steps that schools and Participating First Nations can take to prepare for the transfer of jurisdiction in connection with employment issues.

The Handbook has three parts:  read more »

"Corporate Transactions and the Employment Standards Act: Don't Get Bitten!"

Jurisdiction: - British Columbia

"Corporate Transactions and the Employment Standards Act: Don't Get Bitten!" is the title of a paper written by Michelle Alman of the Legal Services Branch, BC Ministry of Attorney General, and Elani Kassaris, Blakes, Cassels & Graydon LLP.

The authors wrote the paper for the Employment Law Conference - 2008, which was held in April 2008 and is organized by Continuing Legal Education of BC.   

Committee of MLAs recommends changes to BC's Personal Information Protection Act

Jurisdiction: - British Columbia

BC's Personal Information Protection Act (PIPA), which came into force on January 1, 2004, includes a provision (s. 59) requiring a special committee of the Legislative Assembly to conduct a comprehensive review within three years of the in-force date and to submit a report.

In April 2007, the all-party Special Committee to Review the Personal Information Protection Act was appointed to conduct the review.

The Committee issued its report today. It contains 31 recommendations concerning the Act, four of which are of particular interest to employers.

Accountability for Cross-border Data Flows

The concern here was as expressed as follows:  read more »