Corporate Transactions
SCC to hear case on impact of sale of business, wrongful dismissal on enforceability of non-compete in Quebec context
The Supreme Court of Canada announced today that it will hear the appeal in Yannick Payette, Mammoet Canada Eastern Ltd., successor to Mammoet Crane Inc. v. Guay inc. (Que. C.A., Dec. 12, 2011) (34662).
As set out in the Court's summary, the key issue on appeal is whether the Quebec Court of Appeal erred in applying a non-competition clause despite the broad scope of the clause and the wrongful termination of employment relationship in light of the Civil Code regime.
By way of background, the Court's summary states: read more »
Employer not required to hold corporate reorganization in abeyance pending resolution of employee's disability
Tutty v. Canada (Attorney General), 2011 FC 57
Postscript: Jennifer M. Shepherd and Gulu Punia at the Fasken Martineau office in Calgary have prepared the following summary of this decision: "Accommodation Does Not Prevent Corporate Reorganization" (February 1, 2011).
"Privacy In Practice: Top 10 Workplace Q&As"
Andrea York, a lawyer at Blakes, wrote a paper entitled, "Privacy In Practice: Top 10 Workplace Q&As" for the Six-Minute Employment Lawyer conference that was presented by The Law Society of Upper Canada in Toronto on June 15, 2010.
The 10 questions she addresses are: read more »
Federal government introduces long awaited amendments to PIPEDA
The federal government has finally introduced the long awaited and much needed amendments to PIPEDA, the private sector privacy legislation that applies to federally regulated operations, and also provincially regulated operations in some capacities in all provinces except BC, Alberta and Quebec.
The proposed amendments are in response to the 2007 report that followed the mandatory statutory review of PIPEDA.
Key among the proposed amendments - which were introduced on May 25, 2010 and contained in Bill C29 (An Act to Amend Personal Information Protection and Electronic Documents Act) - are: read more »
"CCAA: The Ultimate Restructure"
Ontario labour and employment lawyer Janice B. Payne has written a paper entitled "CCAA: The Ultimate Restructure" (September 21, 2009). The first part of the paper provides an overview of the Companies' Creditors Arrangement Act ("CCAA").
The second part of the paper focuses on employment issues under the CCAA and specifically addresses: read more »
Change in circumstances was transfer of business, not termination; no severance owing under Canada Labour Code
Group 4 Falck (Canada) Ltd. and Abdulla (Re) (October 13, 2009, Canada, T. Hodges)
"Employment in Tough Times - Interplay Between Employment and Insolvency"
A lawyer at Davis LLP co-authored a paper entitled "Employment in Tough Times - Interplay Between Employment and Insolvency" for the Employment Law Conference - 2009 CLE in Vancouver.
