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Whenever Plaintiff s counsel conducts an examination of the
Defendant, requesting particulars of any surveillance conducted by
the Defendant in advance of the Plaintiff s discovery is of
paramount importance. Recently, certain defence counsel have
attempted to withhold this summary of surveillance until after the
Plaintiff is fully examined. Before allowing the Plaintiff to
be examined, counsel should note that the test for withholding
surveillance particulars is an exceptionally high one. The
Defendant must establish a real likelihood that the Plaintiff will
tailor his or her evidence if the disclosure is made. Simply
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The unanimous Supreme Court landmark ruling that Uber drivers
should be designated as workers and not as self-employed provides the drivers with a new raft of
basic rights such as paid holiday, rest breaks and to be paid the
national minimum wage will have a knock-on effect in
the entire gig-economy. Other organisations that function as
part of the gig-economy can expect to receive similar claims from
the individuals that, up until now, were regarded as self-employed
who will now claim the rights accorded to workers. There are
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Based on some recent cases, it is strongly recommended that
employers have experienced employment lawyers review, at this time,
their existing employment contracts for their employees (or
consider whether to implement such employment contracts: usually a
very good idea).
In a surprising decision on January 14, 2021, the Supreme Court
of Canada dismissed the application for leave to appeal the
judgment in
Waksdale v Swegon North America Inc, 2020 ONCA
391. The Ontario Court of Appeal in
Waksdale held that any
termination clause in an employee contract that violates the
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In an era where business relationships and financial affairs are
extending over national boundaries, there is a need for global
legal collaboration between nations in order to preserve the legal
rights of parties. One of the main pillars of global legal
collaboration is the ability of a judgment creditor to seek the
recognition and enforcement of a judgment issued by a foreign
court, in another country s jurisdiction, ensuring that justice
is served.
Although there is no unified system for the enforcement of
foreign judgments, Cyprus, as one of the EU s Member States,