On July 17, 2008, the Supreme Court of Canada in Hydro-Québec v. Syndicat des employé-e-s de techniques professionnelles et de bureau d'Hydro-Québec, 2008 SCC 43 clarified that there are limits to the employer’s duty to accommodate ...
Driving is the most dangerous work activity that most people undertake. An average 20 people are killed and 250 seriously injured every week in crashes involving someone who was driving, riding or otherwise using the road for work purposes. Up to a third of road accidents involve someone who was driving at work. Health and safety law applies equally to on-the-road work activities, and the risks should be managed within an effective health and safety system ...
Supreme Court of Canada Considers Duty to MitigateMay an employer fire an employee without cause, and then avoid paying damages by offering him temporary work? ‘Yes, sometimes’ declared the Supreme Court of Canada in Evans v. Teamsters Local Union No. 31 in a 6-1 ruling released in May 2008.Background FactsMr. Evans worked as a business agent for the Teamsters for twenty-three years. He was dismissed following the election of new union leadership. Mr ...
On June 27, 2008, the Supreme Court of Canada (“SCC”) released its decision in Keays v. Honda Canada Inc. and overturned the decision of the Ontario Court of Appeal and narrowed the scope of Wallace damages for the “bad faith” manner of dismissal. This decision arises from a decision of the Ontario Superior Court of Justice which awarded $500,000 in punitive damages to a dismissed employee in addition to 24 months salary in lieu of notice ...
As if employers and contractors needed reminding, two recent decisions emphasise the importance of having a contract in place as soon as possible, and the dangers of starting work on a letter of intent ...
Product liability insurance is often offered as an alternative to professional indemnity insurance by sub-contractors but is it really an alternative? The two forms of insurance have some fundamental differences. Professional indemnity insurance covers claims arising out of the professional activities of design consultants, sub-contractors or the contractor ...
Throughout the industry press, the topic of conversation at networking breakfasts, you can’t escape the doom and gloom of the global credit crunch. But what does this really mean for the industry? First and foremost, it means that risk will increase. There is more chance of a party experiencing cash flow difficulties, or even going bust. There will be less work around, resulting in keener prices and greater competition ...
Earlier this month the European Commission closed an investigation into a development in the German City of Flensburg. On the facts which the Commission eventually established it decided to close its file and take no further action, but it is the background which is interesting and provides a pointer to what best practice should be – particularly now that the Public Contracts Regulations 2006 have been in force for a number of years ...
Several years ago the Municipal Council in Alexandroupolis invited tenders for a contract to carry out a project in respect of a town plan. Using the appropriate procedure the Council issued a contract notice identifying the award criteria in order of priority (as was required by the relevant rules) ...
A. INTRODUCTIONThe development of transportation infrastructure in the Lower Mainland depends on expropriation of private property ...
The real estate market in Macedonia has been in a state of transition for the last two decades. This period brought the country from a situation in which such investment was seen as a duty primarily fulfilled by State bodies, institutions and enterprises to one in which the sector was left virtually entirely to the private sector ...
Patents offer useful services. With them, the holder can prevent competitors from offering products using the patented technology. In addition to the rights that a patent holder has had up until now (injunction, disclosure, indemnification), now a fourth right is joining in on the action and is continuously gaining in significance. This right involves the right to inspection. It is especially important in the case of process patents and at trade shows ...
On 20 May the Government announced that it had agreed a deal between unions and employers that will see agency workers in the UK receive equal treatment after 12 weeks employment. Trade unions had been arguing strongly that agency workers should receive equal rights from day one. The CBI has calculated that because of the qualifying period up to half of all agency assignments will be unaffected ...
On March 17, 2008, the Court of Québec fined Transpavé Inc. $110,000 after it pleaded guilty to a charge of criminal negligence causing the death of one of its employees. This is a first in Canada since the Criminal Code was amended so that an organization could be found guilty of criminal negligence in occupational health and safety matters ...
Difficulties in recruiting skilled employees and the labour shortage in some sectors are currently a source of headaches for many businesses. In this context, one solution may be to consider hiring foreign workers.In a press release published in September 2007, the Fédération des chambres de commerce du Québec noted that migrant workers are an indispensable asset to the competitiveness of Quebec businesses ...
The Act respecting labour standards (hereinafter the “ALS”) was amended recently concerning absences due to sickness or accident and absences for family or parental reasons ...
Firstly the act now expressly states that planning and building shall promote good economic growth and effective competition. This change is a clear signal from the legislator that municipalities must not only take into consideration the social and ecological effects in their planning but also the development of commerce and the provision of commercial service ...
Not treating a European collective bargaining agreement in the same way as a domestic collective bargaining agreement may be discriminatory according to EC law. Taking industrial action is, in itself, a fundamental right – but to force foreign companies to negotiate salaries without the existence of clear rules on what applies is not justifiable and is in conflict with the proportionality principle ...
On December 6, 2007, the Quebec Court of Appeal declared that part of Goodyear’s alcohol and drug detection policy implemented in its Valleyfield plant in the summer of 2004 was valid.The Court of Appeal’s judgement maintained in part a decision rendered on April 21, 2006 by the Superior Court that upheld grievance arbitrator Mtre Denis Tremblay’s April 12, 2005 ruling ...
Pension and benefit plan administrators are becoming increasingly familiar with litigation and in particular, class proceedings. We have seen a tremendous increase in both the number of pension and the breadth of issues raised in those actions ...
New Business Visa RequirementAt the end of 2007, Russia enacted new visa rules to limit the number of days that a business visitor can remain in the country. Multiple entry business visa holders may only remain in Russia in 90 day increments, up to a maximum of 180 days per year. Those who may have used a business visa to live and work in Russia for extended periods must now obtain a work permit or resident status ...
Dykema attorneys were recently involved in an interesting infrastructure project finance transaction relating to the rehabilitation of a portion of the Pennsylvania Convention Center. Dykema represented the lender in this transaction. To complete the transaction, a fairly unusual structure had to evolve ...
Commercial properties groups across Europe are being forced to wait longer to refinance their debts as lenders tighten their belts in the wake of the credit crunch, it has been reported ...
A last chance agreement is an arrangement entered into between an employer, an employee with serious and persistent behavioral problems and, where applicable, the union, that gives the employee a final chance. Such an agreement imposes strict conditions to be met by the employee in order to maintain the employment relationship and may even provide that a breach of its terms will result in dismissal ...
The Florida Supreme Court has held that defective work performed by a subcontractor that damages a general contractor’s completed work constitutes “property damage” caused by an “occurrence” under a commercial general liability (CGL) policy. U.S. Fire Ins. Co. v. J.S.U.B., Inc., No. SC05-1295 (Fla. Dec. 20, 2007) ...
