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Archives for June 2019

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | 2 Minutes Read June 28, 2019

Canada Day, statutory (public) holiday

In all provinces and territories, Canada Day is a statutory (public) holiday. This year, July 1 falls on a Monday, a regular working day for most.

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Payroll / Canada Day, employment law, Moving Day in Quebec, Public Holiday, statutory public holiday

By Barry B. Fisher LL.B. | 2 Minutes Read June 28, 2019

Failure to repeat termination clause after multiple promotions voids clause

In McKercher v Stantec Architecture (2019 SKQB 100), Justice Elson had a situation where at the time of his hiring as a staff architect, the plaintiff signed an enforceable contract limiting his notice to a maximum of 3 months.

Article by Barry B. Fisher LL.B. / Employee Relations, Employment Standards, Payroll / Dismissal, employment contract, reasonable notice of termination, Termination clause, termination notice

By McCarthy Tétrault LLP | 3 Minutes Read June 28, 2019

The corporate identification doctrine clarified through an intervention in the Supreme Court of Canada

A corporation is of course an abstract entity. It is a legal person, but can only act through human beings. Certain causes of action, such as fraud or knowing assistance of a breach of trust, have a knowledge requirement: the defendant can only be held liable if he or she – or it, in the case of a corporation – has knowledge of certain facts. How can a corporation be held liable for having certain knowledge if it has no brain to possess that knowledge?

Article by McCarthy Tétrault LLP / Business / abstract identity, breach of trust, Canadian Dredge test, corporate directors, corporate governance, corporate identification

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