By Thora Sigurdson

We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how damages for the future use of confidential information will be calculated.

Facts
In Cruise Connections, a number of sales representatives left Cruise Connections and started their own business. Before they left, the sales representatives copied the company’s customer database. The database contained information on customers’ names, contact information, past trips, preferences, and other valuable information.

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By Kyla Stott-Jess and Gulu Punia

A difficult employee states that he is quitting and walks out the door. Problem solved? Or just beginning? Recent cases illustrate that it’s hard to know when an employee has quit in the eyes of the courts in Canada. And it can be expensive when you get it wrong.

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By Ralph N. Nero and Keri L. Bennett

Following the earlier lead of many Canadian provinces, the federal government has now outlawed mandatory retirement for federally regulated employers such as banks, telecommunications companies, airlines, and railways.

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By Julia Kennedy and Sean McGurran

Bullying isn’t just a problem on the playground anymore. Eventually the bullies grow up and get jobs. Now Canadian employers are seeing more laws dealing with harassment in the workplace.

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By Lindsey Taylor

As we have discussed in previous editions, mandatory retirement across Canada is becoming a relic of the past. And employers are beginning to face the ripple effects. One of those ripple effects is benefits entitlement: Can Canadian employees over 65 be excluded from benefits? The answer isn’t clear. As a handful of recent arbitration cases suggest, the answer may depend on what you have negotiated with your union or employees.

Peace River School District
In British Columbia Government and Service Employees’ Union v. Peace River South School District No. 59, the arbitrator considered whether an employer could terminate its unionized employees’ health benefits at age 65 after mandatory retirement was abolished in British Columbia. Although the collective agreement said benefits would be provided to “all employees,” there was evidence that the parties’ originally negotiated terms of insurance coverage included termination at age 65. Thereafter, they agreed that there would be no change in these terms when they later agreed to change insurers.

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