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2003

"Restrictive Covenants and Fiduciary Duty"

Gary Catherwood, a lawyer in the Employment, Labour and Human Rights Department at Fasken Martineau DuMoulin LLP, has written a paper entitled "Restrictive Covenants and Fiduciary Duty" (November 2003).

What is the effect of a break in service on the notice period?

Jurisdiction: - British Columbia
Sector: - Transportation

Published in Lawson Lundell Labour and Employment Newsletter (Winter 2004)

In a decision handed down on November 18, 2003 - Matheson v. Canadian Freightways Ltd., 2003 BCSC 1728 - the Supreme Court of BC considered the effect of a break in service on the notice period.

Matheson had commenced working for the defendant company in 1973. In October 1985, after giving one month's notice, he left the company and began working for a competitor. In July 1987, after a spate of unemployment, he once again commenced working for the defendant company.

On May 9, 2000, with no cause alleged, he was dismissed after eight months working notice. In determining what it believed to be reasonable notice, the company only took into account his latest period of unemployment.      

Matheson filed a wrongful dismissal action claiming that the company should have treated him as if his service had been uninterrupted and based his notice on the full 27 years of service.  read more »

"The Process of a Wrongful Dismissal Action"

Jurisdiction: - British Columbia

Gary Catherwood, at Fasken Martineau in Vancouver, has written a guide to "The Process of a Wrongful Dismissal Action" (November 2003).

"Employer Liability for the Wrongful Acts of its Employees"

Earl Phillips and Robert Cooper, at McCarthy Tetrault in Vancouver have written a paper entitled, "Employer Liability for the Wrongful Acts of its Employees" (November 14, 2003).

The paper covers the following topics:

  1. Vicarious Liability.
  2. Agency
  3. Discrimination and Harassment
  4. Environmental Offences
  5. Direct Negligence of the Employer
  6. Fiduciary Obligations
  7. Limitation Defences

In their overview, the authors state:  read more »

"Common Employment Pitfalls Facing Technology Companies"

David Little, a lawyer at Fraser Milner Cagrain, has written a newsletter article entitled, "Common Employment Pitfalls Facing Technology Companies" (October 2003).

"Ready or Not: Workplace Privacy is Here"

I co-authored an article  - "Ready or Not: Workplace Privacy is Here" - that was recently published in Management Rights Journal (Vol. VI, No. 2 2003, pg. 331). The Journal is one of several legal publications issued by Federated Press.

The article covers the following workplace privacy issues in British Columbia and Alberta:  read more »

"Courts Expanding The Consequences of Harassment"

The lawyers at Sherrard Kuzz LLP in Ontario have written an article on "Courts Expanding The Consequences of Harassment" (June 2003) for their Employment and Labour Law Update publication.

"Impaired Driving and Keeping Your Job in Canada? Maybe, Maybe Not!"

Ogilvy Renault's Labour and Employment Law Group has prepared a brief entitled, "Impaired Driving and Keeping Your Job in Canada? Maybe, Maybe Not!" (May 27, 2003).

'Workplace Privacy & Private Sector Privacy Laws"

David Loukidelis, the Information and Privacy Commissioner for British Columbia, presented a paper on "Workplace Privacy & Private Sector Privacy Laws" at the CLE Employment Law Conference in Vancouver BC held on April 23-24, 2003.

Payment made to individual for non-compete in context of share purchase transaction not subject to income tax

Sector: - Manufacturing

In Manrell v. The Queen, 2003 FCA 128, the Federal Court of Appeal ruled that a payment made to an individual for a personal non-compete restriction in the context of share purchase transaction was not subject to income tax.

This Tax Update ("Court says Non-Compete Payment is Non-Taxable") by lawyers at Davis & Company discusses the decision.