First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

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Supreme Court to hear arguments about enforceability of arbitration clauses

On May 23, 2019, the Supreme Court of Canada granted leave to appeal in Uber Technologies Inc., et al. v. David Heller (the Uber Class Action). At issue is an arbitration clause in the Uber driver service agreement that requires all claims be arbitrated in the Netherlands, regardless of size.

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Defendants’ apologies found not admissible in civil proceedings or pleadings

The Apology Act is lesser-known piece of Ontario legislation which came into force in 2009. The Act allows defendants in a civil proceeding to communicate sorrow or regret to the other party, without their apology being used against them later in court.

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‘Obey now, grieve later’ principle applies to management

In recent unreported arbitration decision, the arbitrator confirmed that an “obey now, grieve later” rule applies to management in some cases.

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Established in 1995, First Reference Inc. (known as La Référence in Quebec) provides Canadian organizations of any size with practical and authoritative resources to help ensure compliance.

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