Tuesday, October 20, 2020 @ 9:17 AM
Uber v. Heller: Is arbitration or class action preferable?
In the case of Uber Technologies Inc. v. Heller 2020 SCC 16, David Heller initiated a class action proceeding in 2017 for $400 million against Uber for violations of the Employment Standards Act, 2000 (ESA), alleging that he and other class members were employees and thus entitled to benefits under the ESA. In response to this claim, Uber attempted to rely on an arbitration clause found in their standard form services agreement. As such, the Supreme Court of Canada was tasked with determining the enforceability of an arbitration clause between global business company Uber and its drivers. ... [read more]
Tuesday, October 20, 2020 @ 7:53 AM
GOVERNMENT ASSISTANCE PROGRAMS - Legal aid
Appeal by Harvey from a decision dismissing her application to have the respondent Legal Aid Commission place her name back on the Panel. ... [read more]
Monday, October 19, 2020 @ 1:38 PM
A defence of self-defence schools closed during COVID-19: Part one
On Oct. 15, bylaw officers ordered what are arguably the two most well-known martial arts schools in Toronto, Northern Karate Schools (NKS) and Toronto BJJ, to close for 28 days. This, said the officers, was in response to Ontario’s latest attempts to curtail an apparent “second wave” of the COVID-19 pandemic in the “hot spots” of Toronto, Peel and Ottawa. ... [read more]
Monday, October 19, 2020 @ 8:27 AM
WORKERS’ COMPENSATION - Benefits - Compensability of injuries - Stress
Appeal by the employer from a decision of an Appeals Tribunal finding that the respondent was entitled to workers’ compensation benefits for mental stress. ... [read more]
Friday, October 16, 2020 @ 5:09 PM
SCC rules RCMP pension plan discriminatory to women in part-time work program
The Supreme Court of Canada has found the RCMP’s pension plan discriminates against women after the force denied three female officers their request to buy back pension credits lost while working part time in order to have more time with their children. ... [read more]
Friday, October 16, 2020 @ 3:11 PM
York Region returns to modified stage 2 of pandemic restrictions
Faced with rising new COVID-19 cases, the Ontario government is moving York Region back into “modified” stage 2 of public health restrictions for at least the next 28 days, one week after announcing the same reversal for Toronto, Ottawa and Peel Region. ... [read more]
Friday, October 16, 2020 @ 3:04 PM
PRIVATE PENSION PLANS - Constitutional issues - Canadian Charter of Rights and Freedoms
Appeal by Fraser, Pilgrim and Fox from a judgment of the Federal Court of Appeal that affirmed the dismissal of their Charter claim. ... [read more]
Friday, October 16, 2020 @ 12:32 PM
Juries: Trick or treat? | Marcel Strigberger
Juries first scared me at the age of 9. How?
I grew up in Montreal, the son of immigrants from Belgium. One day my late father, a humble tailor, received a letter with an impressive-looking logo of the scales of justice.
My dad, whose literary skills did not approximate his ability to alter a fine pair of trousers, asked me to read and translate it. I noticed the word “jury,” whatever that meant. I suspected it had nothing to do with hockey. ... [read more]
Friday, October 16, 2020 @ 9:47 AM
Legal aid agreement reached with Quebec government
After three years of negotiations, the Quebec government and the provincial bar association reached an agreement to raise legal fees and to establish an independent working group that will conduct an exhaustive review of the tariff structure. The agreement, widely perceived to be a “step in the right direction” by the Quebec legal community, calls for a five per cent retroactive increase in legal aid fees for the period of October 2017 to May 2019, and a 14.7 per cent increase in fees from June 2019 to September 2022. ... [read more]
Thursday, October 15, 2020 @ 3:01 PM
Is an employer responsible if an employee contracts COVID-19?
The second wave of COVID-19 infections threatens to undermine the significant progress we have made in establishing a balance that takes account of the need to jump-start the economy and the legitimate safety concerns of workers returning to their jobs. The government and regulatory bodies in Ontario and Canada have established protocols and standards aimed at reducing the risk of spreading the virus. ... [read more]