Focus On



Wednesday, June 16, 2021 @ 2:21 PM

Family status accommodation: Is employee self-accommodation still mandatory step? Nurse

The human rights ground of family status has been a puzzlingly difficult issue for Canadian legal decision makers to adjudicate. First, a lifeless interpretation in the 1990s. Then a narrow interpretation in the 2000s. Next, a liberal interpretation from the Federal Court of Appeal in 2014. And now an even broader interpretation, fresh from the Alberta Court of Appeal. ... [read more]

Wednesday, June 16, 2021 @ 1:12 PM

The hangover: Charging party hosts with COVID-19 manslaughter, part two Unmasked people at a party

In order to prove unlawful act manslaughter resulting from the breach of COVID-19 restrictions, the Crown must prove that the death would not have resulted but for the breach. This is where it gets tricky. The requirement of causation is based on the need to prevent the morally blameless from being convicted. If someone hosted a COVID party resulting in transmission of the disease and death, it must be shown that the death resulted from the COVID party, and not any other factors. This means that intervening acts — any acts that break the chain of causation — must be ruled out.  ... [read more]

Wednesday, June 16, 2021 @ 8:58 AM

Regulatory remodelling: Revamping regime for regulation of offshore wind energy Offshore windmills

Canada’s ambition to achieve net-zero emissions by 2050 will require speedy expansion of our renewable energy resources, including offshore wind. But, if we’re going to get there, we’ll need to improve our regulatory regimes. ... [read more]

Tuesday, June 15, 2021 @ 2:04 PM

In Sherman Estate decision, open court principle over privacy, part two Open padlock on top of stack of files

In the first article in this series on the decision in Sherman Estate v. Donovan 2021 SCC 25, we discussed why the Supreme Court of Canada ordered that the probate files of murdered Toronto billionaires, Barry and Honey Sherman, be unsealed. In this second article, we will look at what kind of information will suffice for this kind of order. ... [read more]

Tuesday, June 15, 2021 @ 10:56 AM

Constructive dismissal, infectious disease emergency leave: Debate rages on Two cartoon men debating

The Ontario Superior Court’s April 27, 2021, ruling in Coutinho v. Ocular Health Centre Ltd. 2021 ONSC 3076, further provoked an already spirited debate among employment lawyers regarding the proper interpretation and application of Ontario Regulation 228/20 (Infectious Disease Emergency Leave or IDEL Regulation); namely, whether the regulation effectively operates to bar an employee from pursuing a civil claim for constructive dismissal in circumstances where their hours of work or pay, or both, have been reduced or eliminated for reasons related to COVID-19. ... [read more]

Tuesday, June 15, 2021 @ 9:49 AM

The hangover: Charging party hosts with COVID-19 manslaughter, part one Unmasked people at a party

Can hosts of a party during the pandemic be charged with manslaughter? This question has increasingly been central to a powerful scholarly and legal debate across the country. The catalyst was the sentencing of Mohammad Movassaghi, in R. v. Movassaghi 2021 BCPC 112, who was charged with violating the British Columbia Public Health Order (PHO) for hosting a party for 78 people in a penthouse condo. During this time, provinces across Canada had issued similar public health orders that made illegal any non-essential indoor gatherings outside one’s own household. ... [read more]

Tuesday, June 15, 2021 @ 8:42 AM

Quebec has enacted (but not put into force) corporate transparency rules Binoculars

The Quebec government enacted on June 3, 2021, Bill 78 to update the rules relating to the on-line Quebec Enterprise Register (REQ), which has the goal of promoting, in the terms of the bill, the “transparency of enterprises.” The Quebec government’s press release on the matter indicates that it wants to be a world leader in transparency. ... [read more]

Monday, June 14, 2021 @ 10:45 AM

Mollusk in a bottle: Paisley snail takes centre stage PaisleySnail

In part one of this article, I wrote about how inspiring the case of M’Alister (or Donoghue) v. Stevenson has been for generations.I also really wanted to look at the case from an animal law lens. I asked my learned friends what they thought about the ginger-soaked snail in Donoghue. ... [read more]

Monday, June 14, 2021 @ 8:52 AM

Elder Abuse Awareness Day: Reducing elder abuse among lonely widowed clients Line drawing of little old lady

In A Biography of Loneliness, published in 2019, author Fay Bound Alberti observed that the loneliness of bereavement is “a great leveller of experience; there is a depth of social and familial isolation linked to widow(er)hood, whether one is princess or pauper.” ... [read more]

Friday, June 11, 2021 @ 2:12 PM

New B.C. Provincial Court (Family) Rules — for better or for worse? Briefcase, form on clipboard, pen and magnifying glass

On May 17, 2021, new British Columbia Provincial Court (Family) Rules came into effect, containing several significant changes to the way provincial court family law files will flow. ... [read more]