Ethics disqualifies a director or senior officer from usurping for himself or diverting to another person or company with whom or with which he is associated a maturing business opportunity which his company is actively pursuing; he is also precluded from so acting even after his resignation . . . - … [Read more...]
Employees on Probation
Since it takes away an employee's usual rights, a probationary period must be expressly agreed to by the employee. It cannot be implied into the relationship. The [employer] must clearly indicate what will happen if the relationship ends before the probation terminates. - Easton v. Winslow … [Read more...]
Whatever Happened to … David Chen and Citizen Arrests
Arrest consists of the actual seizure or touching of a person’s body with a view to his detention. The mere pronouncing of words of arrest is not an arrest, unless the person sought to be arrested submits to the process and goes with the arresting officer. – R. v. Latimer, [1997] 1 SCR 217 The … [Read more...]
Regulation of Employment Agencies
. . . the essential duty of the employment service shall be to ensure . . . the best possible organization of the employment market as an integral part of the national programme for the achievement and maintenance of full employment and the development and use of productive resources. - … [Read more...]
Canadian Regulation of Contests, Prizes and Games
Canadians like to participate in public, advertised contests and games. We compete for prizes. Most often we are unaware that the promoters of these events are governed by specific rules in relation to them.The law on contests, prizes and games is sometimes classified under marketing law. A … [Read more...]
The Crime of Counseling Criminal Offences
… some may argue that the publication of Shakespeare’s Henry VI, with its famous phrase “let’s kill all the lawyers”, should be subject to state scrutiny! - R. v. Hamilton, 2005 SCC 47 Introduction A few years ago, a University of Calgary professor suggested on national television that someone … [Read more...]
Whatever Happened to … Childs v. Desormeaux: Killer Hospitality
Can you be held legally responsible if you serve a friend alcohol at your house and he or she then drives away and injures or kills another person? Alcohol-fueled social gatherings give rise to the issue of social host liability, both to guests and to third parties who may be affected by your … [Read more...]
Compassionate Care: A New Basis for Temporary Unpaid Leave from Work
. . . provisions for eight weeks of unpaid compassionate care leave for individuals charged with caring for terminally ill family members. This Bill would help to ensure that Albertans do not have to risk employment and careers while performing their familial duties.- Mr. Jeneroux, on … [Read more...]
The Whatcott Case: Balancing Free Speech and Social Harmony
Introduction: a Clash of Rights The freedoms of conscience, religion, thought, belief, opinion and expression comprise some of our “fundamental freedoms” listed in section 2 of the Charter of Rights and Freedoms. They assure the free exchange of ideas, the practice of one’s faith, the development … [Read more...]
Whatever Happened to … Mustapha v. Culligan: “Judge, There was a Fly in my Water!”
On November 21, 2001, while Waddah Mustapha and his wife were replacing the water dispenser at home, they spotted a dead fly and part of another inside the new, sealed Culligan water bottle. At the sight of the fly, Mrs. Mustapha vomited immediately. Mr. Mustapha became nauseous and suffered of … [Read more...]
