First Reference Talks

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

cause of action

By | < 1 Minute Read

IP monitor: Trademarks unlimited provincially

In a recent summary judgement decision with respect to trade mark infringement Driving Alternative Inc v. Keyz Thankz Inc, the Federal Court of Canada decided that the Federal limitation period of six years applied to this trade-mark infringement which occurred in Ontario because the evidence of the Plaintiff established that the activities of the Defendants have caused damage to the Plaintiff beyond Ontario, including confusion in Alberta.

By | 3 Minutes Read

BC vs Ontario: BC Supreme Court confirms no common law tort for invasion of privacy

The Supreme Court of British Columbia recently confirmed that there is no common law tort of invasion of privacy in that province. This is in contrast to an earlier decision from the Ontario Court of Appeal which accepted such a cause of action.

By | 2 Minutes Read

Denny’s temporary foreign workers employment standards class action suit gets certified

The British Columbia Supreme Court just certified a class action where the plaintiffs (foreign workers) allege that the employer failed to provide them with the amount of work promised, overtime pay and reimbursements for travel expenses and recruitment fees contrary to the Employment Standards Act. Also, the employees argued the employer breached the contract and its fiduciary duty, and was unjustly enriched for having the workers work without being paid. To top it off...

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