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CATEGORIES: Digest of the Week

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 | Amendment of Pleadings

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

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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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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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Digest of the Week – Derivative Action and Best Interests of Company

This digest highlights a recent British Columbia Court of Appeal decision where the Court dismissed an appeal from an application allowing a director to bring a derivative action, finding that whether the derivative action was in the best interests of the company was a matter properly determined at trial.

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Employee who did not know his position had been reclassified removing his entitlement to overtime pay, but who had been paid overtime for overtime worked, could keep the amounts paid.

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