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Thursday, March 14, 2019 @ 8:12 AM

Clarification coming on discretionary bonuses | Stuart Rudner

The law regarding post-termination bonus entitlement is in a state of uncertainty which might soon be clarified by the highest court in the land, as the Supreme Court of Canada has granted leave to appeal in Matthews v. Ocean Nutrition Canada Limited [2018] S.C.C.A. No. 331. ... [read more]

Wednesday, March 13, 2019 @ 12:59 PM

British Columbia consulting on ‘long overdue’ updates to employment standards B.C. Labour Minister Harry Bains

The B.C. government is pledging to make changes to the law that sets minimum standards for workplaces in the province and is inviting the public to share their thoughts. The Employment Standards Act (ESA) was last comprehensively reviewed by the government in 1994. To reflect modern workplaces and to ensure that employment standards are evenly applied and enforced, the provincial Ministry of Labour said it intends to make changes to the Act as early as this spring. ... [read more]

Wednesday, March 13, 2019 @ 8:06 AM

Applying deliberative secrecy to arbitral tribunals secret_decision_sm

The principle of deliberative secrecy prevents disclosure of how and why adjudicative decision makers make their decisions. This protection is necessary to help preserve the independence of decision makers, to promote the consistency and finality of decisions and to prevent decision makers from having to testify about their decisions. The courts have yet to explicitly apply this public law principle to arbitral tribunals. However, given the similarities in the functions performed between arbitrators and other adjudicative decision makers, it is in the interest of justice to extend the application of this principle to arbitral tribunals. ... [read more]

Monday, March 11, 2019 @ 10:35 AM

A court where the complainant always wins provincial flags

There exists a little-known dispute resolution venue where the complainant has always won. It doesn’t have a permanent location, nor does it have a standing set of adjudicators. And at this venue, no matter how grievous the infraction of the responding party, there is no immediate pathway to seek compensation for damages. What adjudicatory system is this? It is the dispute resolution process under the Canadian Free Trade Agreement. ... [read more]

Monday, March 11, 2019 @ 9:44 AM

DISCRIMINATION - Prohibited grounds - Family status

Appeal by the employer from the dismissal of its judicial review application from a decision of the Human Rights Tribunal denying its application to dismiss a former employee’s complaint of adverse effect discrimination on a preliminary basis. ... [read more]

Friday, March 08, 2019 @ 8:35 AM

Why employment standards legislation is a feminist issue Woman&Manoncoins.jpg

This International Women’s Day, I can’t help but feel a little disheartened as legislative changes threaten hard-won improvements for Ontario’s working women. ... [read more]

Monday, March 04, 2019 @ 9:24 AM

WORKPLACE DISCRIMINATION - Dismissal - Duty of reasonable accommodation

Appeal by Haghir from the dismissal of his application for judicial review of the University of Saskatchewan Appeal Board’s decision that confirmed his termination from the neurology program. ... [read more]

Friday, March 01, 2019 @ 5:22 PM - Last Updated: Friday, March 01, 2019 @ 5:42 PM

Government to scrap pardon fee, wait times but only for those convicted of simple cannabis possession Ralph Goodale

The Liberal government has introduced its much anticipated “pardons” bill to enable people with simple cannabis possession convictions, and no other convictions, to obtain record suspensions, via an expedited application process handled administratively by National Parole Board (NPB) officials, without the normal years-long wait times and hefty $631 application fee. ... [read more]

Friday, March 01, 2019 @ 9:52 AM

What the BMW dashcam saw dash camera

The year 2019 is already shaping up to be an important year in privacy news. A major DNA testing company has been sharing genetic data with the FBI; the European Union has started to prosecute for GDPR violations, and the Office of the Privacy Commissioner of Canada has commenced applying the guidelines for obtaining meaningful consent under the Personal Information Protection and Electronic Documents Act (PIPEDA). However, one of the most intriguing Canadian privacy issues involved a dashboard video camera. ... [read more]

Thursday, February 28, 2019 @ 11:18 AM

Common social media concerns for lawyers | Kim McLaughlin

Nobody understands compliance better than a lawyer. It’s no wonder then that lawyers often hesitate when it comes to public communications via social media. In my experience, the big concerns are giving legal advice, confidentiality and solicitation. ... [read more]