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Thursday, July 27, 2017 @ 06:06 PM

SCC’s new split on standards of review reignites administrative law debate Paul Daly

Heaping fuel on a long-simmering administrative law debate, the Supreme Court has divided over standards of review and questions of jurisdiction, arbitrability and standing raised by its judgment that deems reasonable an arbitrator’s refusal to hear a Quebec radiologist’s complaint that his lab did not get enough special government compensation for updating its imaging equipment. ... [read more]

Thursday, July 27, 2017 @ 02:59 PM

Richter new partner with Torys in Montreal

Christopher Richter has joined Torys as a partner in the firm's Montreal office. ... [read more]

Wednesday, July 26, 2017 @ 09:08 AM

WORKPLACE HEALTH AND SAFETY - Employer obligations - Safety of workplace

Appeal by the Canadian Union of Postal Workers from a judicial review judgment that affirmed a judgment by an Occupational Health and Safety Tribunal. ... [read more]

Tuesday, July 25, 2017 @ 12:13 PM

Reference letters: The good, the bad and the tombstone

Sometimes there are clear-cut instances where an employee has committed misconduct that gives an employer just cause to dismiss the employee. However, obvious instances of just cause are rare indeed. The overwhelming majority of dismissals are without cause and many raise an eternal debate for employers: whether or not to provide the dismissed employee with a reference letter. ... [read more]

Monday, July 24, 2017 @ 08:32 AM

The case for applications instead of actions in wrongful dismissal cases

As trite as it sounds, access to justice requires accessing our justice system – getting in front of a judge to determine one’s grievance. In 2014, the Supreme Court of Canada recognized in Hryniak v. Mauldin, 2014 SCC 7, what many of us already knew, that "...undue process and protracted trials, with unnecessary expense and delay, can prevent the fair and just resolution of disputes." Since summary judgment is not the solution for access to justice, are applications the answer? ... [read more]

Monday, July 24, 2017 @ 08:12 AM

WORKERS' COMPENSATION - Benefits - Payment of benefits - Lump sum or instalment payments - Appeals and judicial review - Boards and tribunals - Evidence

Appeal by the Workers’ Safety and Compensation Commission from a judicial review judgment ordering the Appeals Tribunal to rehear an appeal of a calculation of a lump-sum pension payout. ... [read more]

Thursday, July 20, 2017 @ 08:32 AM

More legal employment traps to avoid when expanding south of the border

This is the second in a two-part series about the legal hurdles facing anyone who wants to open a facility or hire employees in the United States. Here are more critical questions to be answered. ... [read more]

Wednesday, July 19, 2017 @ 02:08 PM

Labour lawyer Munroe joins Fasken Martineau in Vancouver

Fasken Martineau has announced that Craig Munroe has joined its Vancouver office as partner in the labour, employment and human rights group.. ... [read more]

Wednesday, July 19, 2017 @ 12:51 PM

$35M lawsuit against CSIS alleges harassment, discrimination

Allegations of harassment and discrimination have rocked the Canadian Security Intelligence Service (CSIS) as five employees have filed a $35 million lawsuit against the Canada’s national spy agency in Federal Court. ... [read more]

Tuesday, July 18, 2017 @ 02:22 PM

Sanche named Ricketts Harris partner

Andre Sanche, who joined Ricketts Harris LLP in 2010, has become a partner with the firm. ... [read more]