A solicitor may act against a former client where the current retainer is sufficiently unrelated to the former retainer to preclude an inference arising that relevant confidential information was imparted by the former client to the solicitor. Kaila v. Khalsa Diwan Society,  B.C.J. No. 830 (C.A.).
Under the Alberta Rules of Court, a party is entitled to examine for discovery an individual employed by a company affiliated with the opposing party where there is a relationship between the opposing party and the individual to be examined akin to employment and the individual has relevant knowledge obtained by virtue of that relationship. Petro-Canada Products Inc. v. Dresser-Rand Canada Inc.,  A.J. No. 488 (C.A.).
Even in the absence of legislation, a Canadian court has flexibility in choosing an appropriate date for converting an award in a foreign currency into Canadian dollars and is not bound to choose the date of the defendant’s breach as the conversion date. Kellogg Brown & Root Inc. v. Aerotech Herman Nelson Inc.,  M.J. No. 181 (C.A.).
A person who is not entitled to bring a proceeding in respect of an agreement related to the person’s business because of his or her failure to register the business name cannot avoid the effect of the business name legislation by purporting to assign his interest in the agreement to a related corporation after the proceeding has been commenced. Southside Property Management (London) Inc. v. Sibold Estate,  O.J. No. 1701 (C.A.).
As Canadian courts have traditionally treated a proceeding to enforce a foreign judgment as an action upon a simple contract debt for the purposes of applying limitation of actions legislation, the applicable limitation period under the former Ontario Limitations Act is six years, the period governing claims in contract. Lax v. Lax,  O.J. No. 1700 (C.A.).
Rectification of a written agreement to reflect the true agreement of the parties may be available where the parties entered into the agreement to seek tax benefits but not where parties decide after the fact to change their agreement for tax purposes. Snow White Productions Inc. v. PMP Entertainment Inc.,  B.C.J. No. 904 (S.C.).
Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
A former teacher at Bodwell High School has learned a valuable lesson from the B.C. Human Rights Tribunal— it is not discriminatory for an employer to offer child-related benefits to only employees with children.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
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