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"Small Claims" Get Bigger—Increases to Monetary Limit for Small Claims in Alberta Will Impact Wrongful Dismissal Litigation

In December 2022, the Alberta legislature passed a bill allowing for an increase to the limit on civil claims in the Alberta Court of Justice (formerly, the Provincial Court of Alberta and sometimes referred to as "small...more

Alberta Court Confirms Exclusive Jurisdiction of Labour Arbitrator Over Mandatory Vaccination Policy

The Court of King's Bench of Alberta recently applied the long-standing principle that labour arbitrators have exclusive jurisdiction to adjudicate disputes arising under a collective agreement, even in the context of an...more

Alberta Court of Appeal Provides Helpful Guidance Regarding Time for Employee to Claim Constructive Dismissal

Key Highlights - - A constructive dismissal does not occur automatically just because an employer has unilaterally changed a key term of employment—the employee must reject the change. - The employee must reject the...more

Alberta Court of Appeal Strikes Down Termination Clause in Employment Contract

Key Highlights - - Common law reasonable notice of termination can vary significantly from what is described in an employment contract - Employment contracts will not be interpreted in the same way as commercial...more

Ontario Superior Court on the Enforceability of Termination Provisions in Employment Agreements

A Question of Mixed Fact and Law - In a decision for which leave to appeal was denied by the Divisional Court, the Ontario Superior Court of Justice recently confirmed that a Rule 21 motion, seeking a determination of a...more

Supreme Court Confirms Labour Arbitrators Have Exclusive Jurisdiction Over Human Rights Complaints in Unionized Workplaces

The Supreme Court of Canada recently confirmed that, subject to express legislative intent to the contrary, where labour legislation provides for the final settlement of disputes arising from a collective agreement, the...more

Labour Arbitrator Upholds Employee Termination After Surreptitious Interference with Employer's Virtual File Storage

In a recent labour arbitration decision, TELUS v United Steelworkers, Telecommunications Workers Union National Local 1944 (Heywood), Arbitrator Jolliffe, Q.C., upheld the termination of a long-service, unionized employee for...more

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