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...]
A helpful Guidance on Ineligible Individuals, but questions remain
Andrew Coyne recently drew much attention when he mused in the National Post about the merit of abolishing the charitable tax credit so registered charities could have free rein to engage in political activities. However, the credit is arguably at far greater risk from the abusive tax shelters that … [Read more...]
Why Canada Should Have a Museum for Human Rights
Recently, the Canadian Museum for Human Rights opened in Winnipeg. It is the first national museum built outside of Ottawa and the only one in the world that is dedicated solely to human rights. The museum was originally envisioned and supported by the late Israel and Babs Asper. Governments … [Read more...]
Viewpoint 39-2: When facing terror, there are limits to what law can achieve
If the attack on Parliament and on Canadian Armed Forces members constituted a failure by the state to exercise its fundamental ‘night watchman’ function, it was probably not a failure of law. It may not necessarily have been a failure of law enforcement. It was certainly a failure of omniscience. … [Read more...]
Unpaid Interns have Little Protection under the Law
Imagine spending years in university, only to graduate and find out that in order to secure a job, you would have to work an undetermined amount of time for free. At the end of the internship, there will be no assurance of employment; instead, you can chalk it up to getting some good experience … [Read more...]
Under the Influence: Liquor Outlet Density and Domestic Violence in Alberta
We have too many liquor outlets in Alberta. Okay, we said it. This is a conversation that most Albertans don’t want to have. Privatization Effects In 1993, Alberta became the only Canadian jurisdiction to fully privatize the sale of alcohol. Since then, we have gone from 200 liquor outlet stores … [Read more...]
Legal Requirements When Travelling Abroad with a Minor
Whether it is summer vacations, winter holidays or visiting relatives for a long weekend, traveling abroad has become common for children of all ages. This travel, however, does not always occur with both parents or with every legal guardian of the minor. In such circumstances, it is highly … [Read more...]
The Unified Family Court: A Road-Tested Justice Strategy for Alberta
In my recent article, “What, Why and Where: Untangling Jurisdiction in Family Law,” I explained how litigants navigate the thicket of jurisdictional choices involved in a family law dispute. First there’s choosing the right law, because the federal and provincial governments have overlapping … [Read more...]
Can Domestic Abuse Victims Qualify as Refugees?
A Comment on Matter of A-R-C-G et al The recently-released decision of the United States’ Board of Immigration Appeals (“the Board”) in the Matter of A-R-C-G et al., (“Matter of A-R-C-G“), 26 I&N Dec. 388 (BIA 2014) may signal the United States’ growing openness to granting asylum to women who … [Read more...]
