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Tuesday, May 11, 2021 @ 8:33 AM

Appellate jurisdiction over interrelated final and interlocutory orders Man searching for path through a maze

The Court of Appeal for Ontario recently commented on a particularly complex area of appellate jurisdiction: interrelated final and interlocutory orders. The issue arose in Martin v. 11037315 Canada Inc. 2021 ONCA 246, where the Superior Court judge made both final and interlocutory orders arising from the same application. Generally speaking, appeals from interlocutory orders lie only to the Divisional Court with leave, whereas appeals from final orders lie in the Court of Appeal. The result may be separate appeals in different courts arising from the same proceeding. But what about a case like Martin, where the interlocutory and final orders are arguably intertwined? ... [read more]

Monday, May 10, 2021 @ 1:50 PM

Consumer protection in the digital space Shield symbol protecting online money, information

Businesses in every part of the economy are on a fast track toward making online communication the preferred method of communication with their customers. Payments Canada confirmed this trend when it reported in November 2020 a widespread shift away from paper-based payments to the digital space in its Canadian Payments: Methods and Trends report. This migration to the digital space has significantly impacted organizations’ relationship with their customers and as a result, heightened the focus on regulatory and litigation risks linked to consumer protection issues. ... [read more]

Monday, May 10, 2021 @ 1:24 PM

Supreme Court, leave to appeal for youth in face of dissent Young man behind bars

Young people are different. They think differently, they act differently, and they are treated differently in the criminal law. The Youth Criminal Justice Act offers a number of protections for young people. It limits the availability of jail as a sentencing option. It encourages rehabilitation. It recognizes the different decision-making qualities of a young person. The Youth Criminal Justice Act is a codification of Canada’s commitments to the United Nations Convention on the Rights of the Child and Standard Minimum Rules for the Administration of Juvenile Justice (the “Beijing Rules”). ... [read more]

Monday, May 10, 2021 @ 12:38 PM

Appellant’s religious beliefs do not constitute mental unfitness, court holds Scales of justice with books

In Volkman v. Volkman 2021 ABCA 151, the Alberta Court of Appeal allowed the appeal of a father who had come to court seeking an increased parenting schedule but was rebuffed by the chambers judge who criticized his religious views and suggested that he needed to address his mental fitness, two issues that were not raised by the children’s mother, or the experts that had been involved with the children and their parents. ... [read more]

Monday, May 10, 2021 @ 11:14 AM

Recalling employees back to office from remote work? Think constructive dismissal Woman at screen

In a long-awaited employment law ruling, the Ontario Superior Court of Justice on April 27, 2021, held that employees temporarily laid off because of the COVID-19 pandemic can bring civil action for constructive dismissal. ... [read more]

Monday, May 10, 2021 @ 8:42 AM

Legal aid services and estates law Drowning hand reaching for legal aid help

The Legal Aid Services Act (LASA) received royal assent in July 2020 as part of the Smarter and Stronger Justice Act. The LASA is a step forward to modernize the legal aid framework for low-income Ontarians through a shift from a regulatory regime to giving Legal Aid Ontario (LAO) more flexibility to develop and adapt its own rules, policies and services that better serve low-income Ontarians. ... [read more]

Friday, May 07, 2021 @ 2:18 PM

Defamatory publications on Instagram enjoined Social media attach on a mobile phone

Instagram, an Internet-based social media platform, is described as a “photo and video sharing social networking service.” Launched in October 2010, it now has over one billion users worldwide. It is a powerful networking tool. However, like other social media platforms, Instagram can unfortunately be used to harass, bully and defame someone and create devastating psychological harm. ... [read more]

Friday, May 07, 2021 @ 11:28 AM

Highlights of 2021 federal budget Tax sheet with people and calculator, percent sign and clock

The Canadian government released its 2021 budget on April 19, 2021. The budget was highly anticipated as it was the first federal budget to be released during the pandemic. Some highlights of the budget are discussed below but, for certain measures, taxpayers will have to wait for more detailed proposals, including some based on stakeholder consultations, for further information. ... [read more]

Friday, May 07, 2021 @ 9:41 AM

Why online interaction’s better than you think Five people in zoom meeting

Even before the pandemic hit, the discussion around the pros and cons of flex work and working from home (WFH) or working from anywhere (WFA) raged. In February 2013, Marissa Mayer, then the new head of Yahoo, decided to summon all remote employees back to the office. Her goal was to create a more connected workforce and drive collaboration and innovation: “We need to be one Yahoo, and that starts with physically being together.” ... [read more]

Friday, May 07, 2021 @ 8:36 AM

Mischievous chalk: Making your voice heard Protestors writing on road with chalk

From John Lennon and Yoko Ono’s bed-in protesting the Vietnam War, to the 1963 March on Washington where Dr. Martin Luther King gave his famous “I Have a Dream” speech, peaceful protests have been a pillar of Western democracy. Closer to home, we regularly see protests against politically charged cutbacks to health care and education. In fact, I can still remember accompanying my mother, my “Get the Message” scarf wrapped proudly around my neck, and joining the protests for public education at the Alberta legislature grounds in the 1990s. Lately another modern protest tactic has gained notoriety — sidewalk chalk, usually outside of the offices of the local member of the legislative assembly.   ... [read more]