WestlawNext Canada insight Blog

Digest of the Week Archives : 2016

Text messages sent by complainant in the midst of the events in question were admitted as evidence under the principled approach to hearsay

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Digest of the Week | Employment Standards

Agreement to deduct gasoline fuel that defendant purchased from defendant's wages was of no force and effect pursuant to Saskatchewan’s employment standards act

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This digest highlights a recent Alberta Court of Appeal decision where the Court upheld a lower court’s decision dismissing an oppression application, holding that an expectation based on loss of an opportunity, without proof that such opportunity was more than merely speculative, is insufficient to ground an oppression claim.

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The British Columbia Supreme Court reviews the circumstances under which solicitor-client privilege may be granted.

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Digest of the Week | Definition of Spouse

Recent British Columbia Court of Appeal case that had to determine which definition of spouse was to be applied.

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Digest of the Week – “Put-Right” Option

This digest highlights a recent Ontario Court of Appeal decision which upheld a lower court decision that a “put-right” option was part of a bilateral contract, and that finding was entitled to deference.

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Digest of the Week | Duties of Employee

Employer failed to establish strong prima facie case that employee encouraged co-workers to leave employer in order to work for competitor

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Digest of the Week | Lack of Disclosure

Recent Ontario Superior Court of Justice case in which a separation agreement was set aside due to lack of disclosure.

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Digest of the Week – Liability of Officers

This digest highlights a recent Ontario Superior Court of Justice decision where the Court dismissed an application to strike the plaintiff’s claim, holding that corporate officers could be separately liable if they engaged in tortious conduct independent of the purposes of the corporation.

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Digest of the Week | Amendment of Pleadings

The Ontario Superior Court of Justice reviews circumstances under which pleadings may be amended.

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In a recent decision, the Ontario Court of Appeal overturned the decision of the trial judge to admit evidence of 50 marijuana plants, holding that the evidence was obtained in a manner that violated the accused's Charter rights and that the breaches were close to "the extreme end of seriousness."

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Digest of the Week | Accommodation

Employee discharged for violation of terms and conditions of employment unilaterally imposed by employer to try and accommodate the employee’s alcoholism

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