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breach of trust

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

By Occasional Contributors | 2 Minutes Read August 23, 2017

Dishonesty in hiring process constitutes cause for dismissal

A recent decision of the Ontario Superior Court of Justice has confirmed that, in certain scenarios, an employee’s dishonesty in the hiring process will constitute cause for dismissal. In this case, the plaintiff’s claim for wrongful termination was dismissed when the court found that the plaintiff's omission on a security questionnaire amounted to dishonesty that went to the core of the employment relationship and was irreconcilable with sustained employment.

Article by Occasional Contributors / Employee Relations, Employment Standards, Payroll, Privacy / breach of trust, dishonest employee, employment law, employment relationship, hiring, hiring process, termination, termination for cause

By Marie-Yosie Saint-Cyr, LL.B. Managing Editor | < 1 Minutes Read April 25, 2013

Most-viewed articles this week on HRinfodesk

The three most viewed articles on HRinfodesk this week deal with dishonesty as cause for employee termination, the new CSA national OHS training standard and how ongoing tardiness and breach of trust justified termination for cause

Article by Marie-Yosie Saint-Cyr, LL.B. Managing Editor / Employee Relations, Employment Standards, Health and Safety, Union Relations / Alberta Board of Arbitration, breach of trust, Canadian Standards Association, chronic lateness, CSA OHS training standard, CSA Z1001 – Occupational Health and Safety Training, Employee dishonesty, employee termination, employment law, employment relationship, just cause, Labour Law, Occupational Heal and Safety Training, OHS Training, Ongoing tardiness, right to terminate an employee for cause, severance, termination, termination for cause, termination pay, termination with cause, terminations, training obligation, wrongful dismissal

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