First Reference Talks

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

commercial contracts

By | 3 Minutes Read

Evolving employment contract law, political activities and charities

As an Executive Director, there are many different areas that need your attention on a daily basis: strategic direction, fundraising, stakeholder engagement, employee and volunteer management, media relations and grant applications, just to name a few. With all of these factors to manage, keeping up with changes in legal compliance and CRA requirements may not be perceived as a top priority. However, failing to pay attention to compliance can leave your organization vulnerable to the risk of financial penalties and have a negative impact on your reputation. I want to highlight a couple of recent issues you may want to consider.

By | 3 Minutes Read

Is there now an implied duty to provide reasons for dismissal?

One of the most common complaints employment lawyers hear from workers who have just lost their jobs is that they don’t know why they were fired. Many become even more aggravated when they ask for a reason and are told ‘we don’t have to give you one.’ Unsurprisingly, this type of response can often result in the now ex-employee imagining all kinds of innovative rationales as to explain their dismissal.

By | 4 Minutes Read

Supreme Court of Canada limits the right to appeal commercial arbitral decisions on issues of contractual interpretation

In Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 (Sattva), released August 1, 2014, the Supreme Court of Canada overturned the historical approach and held that contractual interpretation involves questions of mixed fact and law rather than pure questions of law. As a result, leave to appeal from an arbitral award interpreting a contract should not have been granted. The Court also reaffirmed the contextual approach to contractual interpretation and explained the role of surrounding circumstances in contractual interpretation.

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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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