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LEGAL REPORT/LABOUR & EMPLOYMENT Let us open right door for you the We specialize in Employment and Labour Law in Canada Kuretzky Vassos Henderson is a leading employment and labour law fi rm situated in the heart of Toronto. We are comprised of eleven lawyers, all of whom specialize in the area of employment and labour law. We act for many prominent public and private sector employers as well as for individuals. Kuretzky Vassos Henderson LLP Our work includes extensive experience in the areas of: Wrongful dismissal • Human rights • Labour relations/Labour law/Collective barganing • Workplace health and safety • Sexual harassment • Employment standards • Employment contracts • Canada Labour Code • Class actions • Mediation/arbitration/ADR www.kuretzkyvassos.com • 416.865.0504 by an action in damages. Merrill Lynch was ultimately ordered to pay millions of dollars in damages. "So now we are seeing less injunctions and more trials for damages," Goodman observes. "In the vast majority of cases, we are now litigating in a more traditional way." In Atlantic Canada, neither the substantive nor procedural tightening up comes as a shock. Level Chan, an associate at Stewart McKelvey in Halifax, states that traditionally, the courts of Atlantic Canada have been much more scrutinizing of restrictive covenants and that it has always been difficult to get injunctions. "The challenge is to show irreparable harm. A lot of actions still claim injunctions or potential injunctive relief but then move to negotiation." He points out that a claim for damag- es is definitely a challenge in terms of evidence. "To show what the loss is you have to point to a particular client or customer whom you lost. There is very rarely that kind of smoking gun." Ross does not believe employers will ever want to abandon the injunction stage in favour of just seeking damages because of the need to cut off the activity. "In Alberta the injunction stage is still the most important stage of a complaint. Damages arise more where the behaviour has gone on for a while and the injunction rings a bit hollow." However, Christopher McHardy of McCarthy Tétrault in Vancouver sees an advantage in foregoing the injunctive stage. "If an employer says they would like you to get an injunction, uretzky_CL_May_11.indd 1 4/14/11 10:32:23 AM CYBERBAHN® LITIGATION SUPPORT SERVICES INSTANT PEACE OF MIND Issuing a claim in Toronto? Filing a motion in Durham Region? Seeking an Injunction in Halton? Need several parties served across Canada simultaneously? We'll do it all for you – quickly, accurately, and efficiently. And every step of the way, you'll know the status of your order. Submit your court filing or process serving requests to us from your personal computer. And use Legal i Link™ to track them 24/7 using your personal computer or BlackBerry®. Check on the statement of claim you've asked us to issue. Print off your Affidavits of Service. All this and more is available through Legal i Link™. NEW – our internal electronic tracking system gives you the details you deserve We've implemented eBoard, a new internal electronic tracking tool designed to monitor and manage your requests more effectively – and give you even more details on the progress of your order. You'll always be confident that your order will be completed accurately and on time. For more information Visit www.cyberbahngroup.com/litigation Or call 416.687.7961, Toll Free 1.877.207.LINK (5465) 48 N O VEMBER / D ECEMBER 2011 www. CANADIAN Lawyermag.com