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Topical Articles

"Employee Super-Priority Under the WEPPA and the BIA: Comments on Ted LeRoy Trucking Ltd. and 383838 B.C. Ltd."

Jurisdiction: - Canada/Federal
Sector: - Transportation

Vancouver lawyers Mary I.A. Buttery and Cindy Cheuk prepared a paper entitled "Employee Super-Priority Under the WEPPA and the BIA: Comments on Ted LeRoy Trucking Ltd. and 383838 B.C. Ltd. (Re)" for the May 29, 2009 Bankruptcy and Insolvency CLE.

The paper sets out the implications of the 2008 Wage Earner Protection Program Act "on insolvency practice and provides a brief analysis of Ted LeRoy Trucking Ltd. and 383838 B.C. Ltd. (Re), 2009 BCSC 41, the only reported decision regarding the WEPPA (as at the date of this paper) since the legislation came into force."

(Update: the BC Court of Appeal upheld the trial judge's decision in 2010 BCCA 223).

"Employer access to employee e-mails in Canada"

Dan Michaluk has written a paper on "Employer access to employee e-mails in Canada" (May 23, 2009). Mr. Michaluk is a lawyer at Hicks Morley in Ontario.

As set out in the introduction, the paper:

  1. identifies the specific interests an employer has in accessing information stored on its computer systems,
  2. identifies the bases for claims by employees that information stored on business computer systems is "private,"
  3. describes the "no expectation of privacy" approach adopted by Canadian labour arbitrators and courts,
  4. identifies cases that might demonstrate this approach is changing, and
  5. discusses what the jurisprudence should mean to employers.

"Privacy Issues in Pre-Employment Screening"

Jurisdiction: - British Columbia

Jennifer Wiegele at Harris & Company prepared a paper on, "Privacy Issues in Pre-Employment Screening" for the Continuing Legal Education Society of BC's May 2009 Employment Law Conference - 2009.

"CCAA Liquidations and Employment Issues"

Jurisdiction: - Canada/Federal

Ontario lawyer Linc Rogers presented a paper entitled  "CCAA Liquidations and Employment Issues" for an April 2009 Ontario Bar Association conference called Building Bridges: Discussing Labour Issues in Restructuring Proceedings.

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. 

You can find the paper at the link below.

"Ontario Employers Covered by New Child Pornography Reporting Law"

Jurisdiction: - Ontario

Davis LLP has published a briefing note - "Ontario Employers Covered by New Child Pornography Reporting Law  on Bill 37" - which will amend the Child and Family Services Act (Ontario) and will "impose a positive obligation on any person in Ontario,
including employers and employees, to report child pornography".

"Fiduciary Duties: Obligations of Departing Employees"

Jurisdiction: - Alberta

Tina Giesbrecht, a lawyer at McCarthy Tetrault LLP in Calgary, has written a paper on, "Fiduciary Duties: Obligations of Departing Employees" (March 2009). The paper was prepared for the Legal Education Society of Alberta. 

"Accounting for Pensions: Addressing Employees’ Pension Entitlements in Wrongful Dismissal Litigation & Settlement Negotiations"

Mitch Frazer and Tara Sastri from Torys LLP presented a paper on "Accounting for Pensions: Addressing Employees' Pension Entitlements in Wrongful Dismissal Litigation and Settlement Negotiations" at the Ontario Bar Association CLE - 8th Annual Current Issues in Employment Law (February 25, 2009).

The Precis of the paper is as follows:  read more »

"Recession: Is it Time to Reconsider Your Collective Agreement?"

John-Edward Hyde, a lawyer at Blaney McMurtry LLP, has written an article titled, "Recession: Is it Time to Reconsider Your Collective Agreement?"

The article was originally published in Employment Notes (February 2009). which is a publication of the Labour and Employment Law Group of Blaney McMurtury.

"Managing Flexibility in the Workplace While Avoiding Constructive Dismissals"

Jurisdiction: - British Columbia

A lawyer with Clark Wilson LLP in Vancouver has written a paper entitled, "Managing Flexibility in the Workplace While Avoiding Constructive Dismissals (2008)". She ends her paper with a list of "Helpful Hints" for employers when restructuring.