Taylor McCaffrey LLP

The Labour and Employment Practice Group presents the May, 2013 issue of TM@Work, authored by Ken Dolinsky and Lauren Sawich. It discusses the topic of termination for just cause and its implications for employers under the revised Employment Standards Code.

Shereese Qually presented for Lorman Education Services regarding "Termination Under The Employment Standards Code and Beyond." Later in the month, she also presented at the annual conference of the Canadian Association for the Practical Study of Law in Education regarding the impact of R. v. Cole on searching and surveillance in schools.

David Jackson presented the "2013 Mid-Marketing Commercial Insolvency Update" to the annual CAIRP Insolvency and Restructuring Forum in Winnipeg.

Shereese Qually presented for the Winnipeg Group Insurance Symposium regarding the fundamentals of employment law for insurance administrators.

Jamie Jurczak starred in the annual Royal Manitoba Theatre Centre / Manitoba Bar Association Lawyers' Play, "Legally Blonde: The Musical", staged at the Tom Hendry Warehouse Theatre. Since 1990, members of the Bar Association have volunteered their time and talent for the Lawyers' Play, raising over $850,000 for RMTC programming.

Donn Pirie presented and participated in a panel discussion for the Society of Risk Management. The panel focused on lending considerations related to collateral mortgages, supplier rights, and security reviews following amalgamations.

Based on legal expertise, service excellence, client base, notable mandates and regional service coverage, Taylor McCaffrey LLP has been ranked as one of the top ten law firms on the prairies. An excerpt from Canadian Lawyer, February, 2013 explains the ranking and summarizes our firm.

Several of the firm's lawyers contributed to the Manitoba Bar Association's 2013 Mid-Winter Conference. Shereese Qually was a speaker on the panel, "Standard of Review: A Never-Ending Source of Work for Lawyers" and Lawrence Pinsky moderated the "Family Law – The Year in Review" session. Jamie Jurczak spoke on the panel "Making the Jump: Transitioning from Junior to Senior Associate and to Partner" while Kyle Dear was a speaker on the panel, "Civil Trials – An Overview: Procedure and Evidence". Charlotte McCurdy moderated the "All Purpose Mortgages" panel and Patricia Lane moderated the panel on "Gender Neutral Language in the Legal Profession". Elona McGifford served on the 2013 Mid-Winter Organizing Committee.

Taylor McCaffrey LLP is very pleased to congratulate Kim Antonio, Jack Fleming, Robynne Kazina, Corrine Kulyk and Shereese Qually on their admission to partnership in the Firm. Each exemplifies the Taylor Difference through their proven responsiveness, professional commitment and valued experience in their preferred areas of practice.

Kim Antonio practices family law and was admitted to the Manitoba Bar in 2004. A graduate of the University of Winnipeg and the University of Manitoba, Ms. Antonio serves on a Law Society of Manitoba Committee and is a Member of the Family Law Section of the Manitoba Bar Association.

Jack Fleming is a graduate of the University of Winnipeg and the University of Manitoba. Called to the Manitoba Bar in 2006, Mr. Fleming practices corporate and commercial law, with a focus on financing, and the acquisition and disposition of businesses. Outside of his practice, Jack serves as the Director of Pass It Forward, and is an occasional lecturer at SEED Winnipeg.

Robynne Kazina practices family law and was admitted to the Manitoba Bar in 2006. Ms. Kazina studied at the University of Toronto, where she obtained her law degree and Masters of Social Work. Robynne is dedicated to a number of volunteer commitments, including the Manitoba Bar Association’s Council, Family Law Section and Women Lawyers’ Forum.

Shereese Qually is a Gold Medal graduate from the University of Winnipeg and studied law at the University of Manitoba. Ms. Qually was admitted to the Manitoba Bar in 2006, and practices labour and employment law as well as human rights law. A published author and active volunteer for various organizations, Shereese’s other achievements include the Manitoba Bar Pro‐Bono Award (2009), and the Montague Israel Prize (2006).

David Jackson is noted in the winter issue of Canadian Corporate Counsel Magazine for his involvement in the sale of Arctic Glacier, the second largest packaged ice producer and distributor in North America.

Tim Kurbis presented and participated in a Panel discussion in Scottsdale, AZ, at the annual business conference for the independent pharmacy industry hosted by Procurity Inc. The topic of Tim's presentation was “Pharmacy in Transition”. The professional panel moderated and conducted an interactive program facilitating valuation and business transfer considerations.

Doug Finkbeiner has been awarded one of the inaugural Honorary Fellowships, FCMC (HON), by the Institute of Certified Management Consultants of Manitoba. The fellowship is in recognition of Doug's significant contributions to the management consulting profession in ensuring the public interest is served through the protection of provincial legislation

Jamie Jurczak was a panelist at the Westray +20 Symposium held at the University of Ottawa. Her panel, entitled "Do we need corporate criminal liability? Perspectives of business and labour", addressed topics relating to the significance of the Westray Bill (C-45), the ways in which this legislation has changed approaches to issues of workplace safety, and factors relating to the enforcement of this legislation.

Grant Mitchell attended the annual conference of the Canadian Association of University Solicitors in Fredericton where he presented a paper on strike management.

David Jackson was an invited speaker at the Cross-Canada Legal Update session of the CBA's annual PanCanadian Insolvency & Restructuring Conference in Halifax.

Taylor McCaffrey LLP was a gold sponsor at Centrallia 2012, the global forum of business leaders and entrepreneurs held recently in Winnipeg. The firm was able to evaluate potential commercial opportunities with more than 600 business leaders from more than 40 world economic regions in attendance.

Grant Mitchell attended the annual conference of the Employment Law Alliance held in Vancouver. As a panelist on the subject of Cutting Edge Employment Law Trends Across the Globe, Grant addressed topics of the NHL lockout, class actions for overtime and the changing definition of "work" for pay entitlement purposes. There were 115 registrants from employment law firms all over the world.

Jamie Jurczak and Shereese Qually were presenters at the 9th annual Canadian Association of Counsel to Employers (CACE) Conference held in St. John's, Newfoundland. Jamie presented a paper entitled, "Psychological Health and Safety and Stress in the Workplace: A Workers' Compensation Perspective", as part of a Joint Human Rights and Occupational Health and Safety panel discussing psychological health issues in the workplace. Shereese provided an update on recent developments and noteworthy cases decided in Manitoba and Saskatchewan as part of the "Cross Canada Human Rights Law Check-Up".

S.M. 2011, c. 25, The Consumer Protection Amendment Act (Cell Phone Contracts), came into force on 15 September. Cell phone contracts may now be cancelled at any time, with limits on the cancellation fee, and unilateral amendments to a contract by the service provider will be limited. Contracts will also be required to clearly set out: the length of term, minimum monthly cost, description of services, details and rates for additional use charges, optional services and system activation fees, and how the consumer may cancel the contract.

S.M. 2012, c. 37, The Retail Businesses Holiday Closing Amendement Act, came into force on 1 August. In municipalities that pass an appropriate by-law, this Act widens Sunday shopping hours from 9 a.m. to 6 p.m. while affirming the right of workers to refuse to work on Sunday mornings, providing they give their employers 14 days' notice.

Jamie Jurczak was interviewed on NCI FM regarding S.M. 2012, c. 38, The Human Rights Code Amendment Act, which came into force on 14 June. She explained that the Act adds social disadvantage and gender identity to the list of protected characteristics, streamlines the handling of complaints, and increases the fines under the Code.

Congratulations to Kara Bashutski, Sam Gabor, Kyla Pedersen, Jessica Schofield and Ryan Turner on successfully completing the articling program, and upon receiving their Call to the Bar. Sam Gabor will be practicing in the area of intellectual property litigation and Kyla Pedersen will be practicing in civil litigation. Jessica Shoefield will be practicing in family law while Ryan Turner will be practicing in corporate and commercial law. Kara has returned to her home in Saskatchwan to practice law. The Firm welcomes its newest associates and wishes them great success in their careers.

Alain Laurencelle is the recipient of the Queen Elizabeth II Diamond Jubilee Medal. The citation reads, in part: "In recognition of exceptional leadership as Vice Chair and now as Board Chair and significant contribution of free legal advice to St. John Manitoba. Alain has worked above and beyond to support the goals and mission of St. John in our community."

S.M. 2010, c. 28, The Public Health Amendment Act (Regulating Use of Tanning Equipment), came into force on 15 June. This Act requires a parent or guardian to consent in writing before a child uses tanning equipment in a commercial tanning operation. The operator must also post warning signs about the health risks of using tanning equipment.

Shereese Qually was quoted in the article, "The catch-22 of group home bylaws", in a recent issue of Canadian Lawyer.

Shereese Qually was a recent presenter at the LEAF (Legal Education and Action Fund) Youth Conference regarding anti-harassment legislation, employers' obligations and employee's rights in regards to harassment in the workplace.

Jeff Palamar has been selected as Ombudsperson for Team Canada, for the London 2012 Paralympic Summer Games. These will be the largest Paralympic Games to date, with some 4,200 athletes competing on behalf of 165 countries. The Games will be held in the same venues in London as the Olympics, from 29 August to 9 September, 2012.

Shereese Qually was a recent presenter at the Lorman Employment Standards Session regarding the obligations and rights on termination of employment, with particular reference to the new Employment Standards exception to notice of "just cause" and how this relates to the common law standard.

Alain Laurencelle and Kristin Wittman represented the firm at the official launch of the formation of Centrallia 2012's Team Manitoba. Centrallia is a global business to business forum designed specifically for companies looking to increase their international business. Taylor McCaffrey LLP is a gold sponsor and part of Team Manitoba

Grant Mitchell and Jamie Jurczak were recent presenters at the Human Resources Management Association of Manitoba's annual Legislative Review conference. Grant provided his annual review of pertinent Labour Board and Arbitration decisions, while Jamie provided the Workplace Safety and Health Update, addressing the recent violence prevention amendments to The Workplace Safety and Health Act and recent cases in workplace violence and harassment.

S.M. 2010, c.28, The Strengthened Enforcement of Family Support Payments Act, s.26, came into force on 1 April. Manitobans making family support payments through the Maintenance Enforcement Program are now charged late fees on overdue payments.

Lawrence Pinsky was interviewed on CBC Winnipeg Information Radio regarding how difficult it is to enforce family support payments. You can listen to the interview through the CBC Audio Archives.

The Labour and Employment Practice Group presents the March, 2012 issue of TM@Work. It addresses the topic of alcohol abuse and accommodation, as well as new amendments to The Employment Standards Code

Jeff Palamar participated in Sport Manitoba's "Polar Bear Dare" at Lac du Bonnet, in support of KidSport Manitoba. Jeff was present as a more or less willing volunteer and part of the cold weather survival demonstration being put on by Dr. Gord Giesbrecht (aka Professor Popsicle). Jeff is on the Board of Directors for Sport Manitoba, and is the Chair of KidSport Manitoba.

Doug Finkbeiner has been welcomed as the 2012 Campaign Chair of the United Way of Winnipeg. Doug plans to take care of business "the United Way" in the coming year and we wish him all the best as he embarks on this journey.

Taylor McCaffrey LLP is very pleased to congratulate Jamie Jurczak, Marc Marion and Donn Pirie on their admission to partnership. Each exemplifies the Taylor Difference through their proven responsiveness, professional commitment and valued experience in their preferred areas of practice.

As a member of Taylor McCaffrey’s respected labour and employment team, Jamie Jurczak is a litigator focused on occupational health and safety law (OHS). Jamie is a frequent presenter at conferences and seminars on a wide variety of topics relevant to OHS liability and due diligence, as well as human rights in relation to safety issues. Jamie has extensive experience with all aspects of labour and employment law, including addressing administrative appeals of regulatory orders, and performing regulatory compliance reviews and audits.

Marc Marion has been a valued part of Taylor McCaffrey’s taxation practice area since 2004, and is fluent in English, French and Italian. Marc is experienced in advising owner-operator businesses on corporate and commercial tax planning and restructuring. Other areas of experience include trust law, succession and estate planning, helping resolve tax disputes, and assisting charities and non-profit organizations. Marc sits on a variety of community boards, and is a sessional lecturer at the Faculty of Law, University of Manitoba.

Focused on corporate and commercial law, Donn Pirie has been a member of Taylor McCaffrey’s business law practice since 2002. Donn has considerable experience in the mineral resources industry, advising re: private and public offerings; as well as corporate governance and compliance matters. As the Vice President of Volunteer Manitoba and the Past President of the Kidney Foundation of Canada (Manitoba Branch), Donn is also well-versed in non-profit corporate affairs.

A recent decision of the Manitoba Court of Appeal reversed a decision of the trial court which had created a potential liability for MTS of over 100 million dollars. The case was about the defined benefit pension plan which had been under the Civil Service Superannuation Act until MTS was privatized as a publicly traded corporation in 1997. The appellate court accepted the arguments advanced by Kevin Williams on behalf of the Taylor McCaffrey team. The Court concluded that once paid into a continuing defined benefit pension plan there was no ownership of the funds, and therefore no entitlement to a judgment. The case raised a number of complex issues of pension law and statutory and contract interpretation, and the arguments advanced by Kevin Williams were accepted throughout a unanimous 80 page decision. If you have any questions about this case or would like more information, please contact Kevin Williams.

Several of the firm's lawyers contributed to the Manitoba Bar Association's 2012 Mid-Winter Conference: Patricia Lane spoke on the topic of "Innovative Strategies for Effective Communication" and Tim Kurbis presented on the topic of "Shareholders' Agreements for Owner-Managed Enterprise". Lawrence Pinsky moderated the "Ketch Up with Franks" session. Elona McGifford served on the 2012 Mid-Winter Organizing Committee.

S.M. 2008, c. 30, The Business Practices Amendment Act, came into force on 1 January. A supplier of a motor vehicle must give the consumer certain information about the vehicle and its history, including whether it has been declared a lemon in another jurisdiction