Courting Marijuana and Measures of Impairment

As the legalization of recreational marijuana is approaching, many employers are struggling to develop policies to respond to this change in policy. Courting Questions of...

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Contract Clarity Serves Employers Well

Traditionally, it has been difficult to convince courts to enforce termination clauses in employment contracts. This has been particularly difficult in the Province of...

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From Winter of Discontent to Spring of Equality?

By Graeme McFarlane As we moved through the last few months of 2017, we heard repeated allegations of sexual harassment brought against many high profile...

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General Duty of Honesty Only Extends So Far

By Graeme McFarlane In a resounding decision from the Alberta Court of Appeal, the Court rejected the lower court’s decision that had greatly expanded an...

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Safety Trumps Belief: Of Hardship and Helmets

By Graeme McFarlane Good employers are concerned about respecting the Human Rights of their employees, and they should be. Sometimes there can be a real...

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A Caveat on Contractors: Beware the Bite of the Unicorn?

By Graeme McFarlane Ah, the true independent contractor—the rarest of all the beasts. In the jungle of employment law, it is sought after for its...

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Don’t Dis(miss) the Devil in the Details

By Graeme McFarlane Many businesses have experienced the loss of a valuable employee.  Some are fortunate enough to have that employee return to the fold...

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If You Promise the Stars…Deliver

By Graeme McFarlane A recent case from Ontario illustrates a shift in judicial thinking with respect to the creation and operation of the employment relationship. ...

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