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Tort Claims

"Restrictive Covenants and Fiduciary Duty"

Gary Catherwood, a lawyer in the Employment, Labour and Human Rights Department at Fasken Martineau DuMoulin LLP, has written a paper entitled "Restrictive Covenants and Fiduciary Duty" (November 2003).

"Employer Liability for the Wrongful Acts of its Employees"

Earl Phillips and Robert Cooper, at McCarthy Tetrault in Vancouver have written a paper entitled, "Employer Liability for the Wrongful Acts of its Employees" (November 14, 2003).

The paper covers the following topics:

  1. Vicarious Liability.
  2. Agency
  3. Discrimination and Harassment
  4. Environmental Offences
  5. Direct Negligence of the Employer
  6. Fiduciary Obligations
  7. Limitation Defences

In their overview, the authors state:  read more »

"Good Faith And The Individual Contract of Employment"

The Manitoba Law Reform Commission has published a report entitled, "Good Faith And The Individual Contract of Employment" (December 2001). The report"

...examines the remedies for wrongful dismissal before the [Supreme Court of Canada's decision in Wallacev. United Grain Growers Ltd., [1997] 3 S.C.R. 701] and alludes to the changing nature of the employment relationship. It describes the principles set out in Wallace in respect of bad faith dismissal and reviews the subsequent judicial interpretation and application of Wallace. Options for reform are then identified, followed by our recommendations for reform.