Tag Archives: Fogler Rubinoff

Supreme Court Tosses Finding of Contempt Against Student Leader

The Supreme Court of Canada released this week its decision in a case overturning a ruling in which a court in Quebec had found a student leader guilty of contempt of court – Morasse v. Nadeau-Dubois 2016 SCC 44.

 The background goes back to the spring of 2012, when massive and sustained student protests took place in the province of Quebec over the issue of proposed increases in university tuition fees.  The increases were announced as part of the budget introduced by the provincial government.  Several student organizations which were opposed to the increases organized protests. 

 

The protests paralyzed several post-secondary institutions.  Classes at several institutions were cancelled.  Student organizations held votes declaring themselves to be “on strike”.  Picket lines were formed at several universities and CEGEPs.  Students and teachers were prevented from entering the buildings in which classes were to be held.  As a result, several injunctions were sought to resist these blockages and help ensure the continuation of the school year.

 

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Bernie Madoff’s Frauds Continue To Reverberate Years Later

Seven years after Bernie Madoff was sentenced to 150 years in prison for frauds worth an estimated US$65 billion, the legal shockwaves from his disgraced empire continues to reverberate.  In a case that was recently decided by the Grand Court of the Cayman Islands, the court determined how the remaining value of a Cayman “feeder fund”, once part of the Madoff empire and now in official liquidation, should be distributed among its investors.

 

In this case, Herald and Primeo were open-ended investment funds.  They both placed funds for investment with a Madoff-related entity called BLMIS. 

 

In 2007, Primeo assigned the credit of its account with BLMIS to Herald in return for subscribing for shares in Herald. 
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Congratulations to Justin Jakubiak for being selected as a Finalist in Expert’s Rising Stars – Leading Lawyers Under 40

Congratulations to Fogler, Rubinoff Partner Justin Jakubiak for being selected as a Finalist in Expert Rising Stars – Leading Lawyers Under 40 competition.

The Rising Stars competition showcases Canadian lawyers that have an outstanding track record of success with complex transactions, contributed to their communities and profession and demonstrated leadership within their law departments. Finalists were also selected for being team players, who demonstrated business acumen and adaptability to change.

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Supreme Court Unwilling to Reject Canada Labour Code’s Unjust Dismissal Scheme

The Supreme Court of Canada recently released its decision Wilson v. Atomic Energy of Canada Ltd. 2016 SCC29.  This case involved the question of whether an  federally regulated employer could terminate the employment of a non-unionized employee without just cause.

In this case, the appellant Joseph Wilson worked for Atomic Energy of Canada Ltd. (“AECL”) for 4½ years until he was dismissed in November of 2009.  He had a clean disciplinary record.  Wilson filed an unjust dismissal complaint under the Canada Labour Code (the “Code”) claiming that his dismissal was in reprisal for having filed a complaint of improper procurement practices on the part of AECL.  AECL said Wilson was terminated on a non-cause basis and was provided with a generous dismissal package. 

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ILN Today Post

Eight Fogler Rubinoff partners profiled as Leading Practitioners

Eight Fogler Rubinoff partners have been profiled as Leading Practitioners in the 2016 Canadian Legal Lexpert Directory. The 2016 Canadian Legal Lexpert Directory has profiled eight Fogler Rubinoff lawyers as leading practitioners:

Steven A. Cygelfarb – Property Leasing

Milton A. Davis – Professional Liability

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English Court Issues Stand-Alone "Notifcation Injunction"

On April 29, 2016, in the case of Holyoake v. Candy [2016] EWHC 970 (Ch), the England and Wales High Court granted that country’s first stand-alone “notification injunction”.  Such an injunction requires a defendant to give notice to the plaintiff or claimant before disposing of or dealing with particular assets.  Previously, notification orders were given as ancillary remedies to freezing orders or Mareva injunctions.  However, in this case, Justice Nugee  of the High Court was willing to grant a notification injunction without the usual combined order preventing the defendants from actually dealing with those assets.

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SCC: World Bank Group has Immunity in SNC-Lavalin Corruption Trial

In a recent decision, the Supreme Court of Canada granted jurisdictional immunity to institutional members of the World Bank Group where Canadians had been charged under the Corruption of Foreign Public Officials Act (“CFPOA”) – see World Bank Group v. Wallace, 2016 SCC 15.

The court’s decision was jointly written by Justices Moldaver and Cote.  The Supreme Court provided an introduction to its decision by stating that because corruption was a significant obstacle to international development,  worldwide cooperation was needed to fight corruption.  When international financial organizations, such as the World Bank Group, shared information gathered from informants across the world with the law enforcement agencies of its member states,  they achieved what neither could do on their own.  In consideration of this cooperation, member states often agreed to grant such international organizations immunities and privileges to preserve their independent operation. 

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Court of Appeal: No Duty to Mitigate if Employment for Fixed Term

On April 8, 2016, the Ontario Court of Appeal affirmed that an employee whose employment is subject to a fixed term, is upon early termination of his employment, entitled to payment of an amount equal to his salary and benefits for the unexpired term of the contract, with no duty to mitigate.

In the case of Howard v. Benson Group Inc. 2016 ONCA 256the Ontario Court of Appeal overturned the summary judgment decision of Justice Donald MacKenzie of the Superior Court of Justice.  Benson had employed Howard pursuant to the terms of a written employment agreement.  The agreement provided for a fixed five year term but also provided that Benson could terminate Howard’s employment at any time “in accordance with the terms and conditions of this agreement”.  Specifically, a paragraph of the agreement provided that upon termination, Howard would only be entitled to receive  amounts in accordance with the Employment Standards Act of Ontario. 

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Court of Appeal: No Duty to Mitigate if Employment for Fixed Term

On April 8, 2016, the Ontario Court of Appeal affirmed that an employee whose employment is subject to a fixed term, is upon early termination of his employment, entitled to payment of an amount equal to his salary and benefits for the unexpired term of the contract, with no duty to mitigate.

In the case of Howard v. Benson Group Inc. 2016 ONCA 256the Ontario Court of Appeal overturned the summary judgment decision of Justice Donald MacKenzie of the Superior Court of Justice.  Benson had employed Howard pursuant to the terms of a written employment agreement.  The agreement provided for a fixed five year term but also provided that Benson could terminate Howard’s employment at any time “in accordance with the terms and conditions of this agreement”.  Specifically, a paragraph of the agreement provided that upon termination, Howard would only be entitled to receive  amounts in accordance with the Employment Standards Act of Ontario. 

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Court of Appeal: No Duty to Mitigate if Employment for Fixed Term

On April 8, 2016, the Ontario Court of Appeal affirmed that an employee whose employment is subject to a fixed term, is upon early termination of his employment, entitled to payment of an amount equal to his salary and benefits for the unexpired term of the contract, with no duty to mitigate.

 

In the case of Howard v. Benson Group Inc. 2016 ONCA 256the Ontario Court of Appeal overturned the summary judgment decision of Justice Donald MacKenzie of the Superior Court of Justice.  Benson had employed Howard pursuant to the terms of a written employment agreement.  The agreement provided for a fixed five year term but also provided that Benson could terminate Howard’s employment at any time “in accordance with the terms and conditions of this agreement”. 
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