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Thursday, May 10, 2018 @ 6:12 PM

SCC strikes down a pay equity law for first time but judges splinter over s. 15 equality rights Justice Rosalie Silberman Abella

A pair of pay equity cases from Quebec have exposed fault lines at the Supreme Court of Canada in respect of the Charter’s s. 15(1) prohibition of sex discrimination and s. 15(2) protection of programs which ameliorate discrimination. ... [read more]

Thursday, May 10, 2018 @ 3:15 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Equality rights - Equal benefit of the law

Appeal by the Attorney General of Quebec (Quebec) from a judgment of the Quebec Court of Appeal affirming in part the decision of the Superior Court and declaring ss. 76.3, 76.5 and 103.1 para. 2 of the Pay Equity Act (Act) breached s. 15 of the Canadian Charter of Rights and Freedoms (Charter) and were therefore unconstitutional. ... [read more]

Thursday, May 10, 2018 @ 2:06 PM

CANADIAN CHARTER OF RIGHTS AND FREEDOMS - Reasonable limits on Charter rights - Equality rights - Discrimination, what constitutes

Appeal from a judgment of the Quebec Court of Appeal affirming a decision that the delayed access to pay equity resulting from s. 38 of the Pay Equity Act (Act) did not violate s. 15 of the Canadian Charter of Rights and Freedoms (Charter). ... [read more]

Wednesday, May 09, 2018 @ 8:54 AM

Get over your fear of giving references | Stuart Rudner

I admit, it has become a pet peeve of mine: employers want references to help them select the best candidates, but many of them refuse to provide references. And they do so out of a fear of liability that is completely irrational and unfounded. If I have said it once, I have said it 100 times: there is no good reason to have an absolute policy against providing references. To the contrary, it will usually be in an organization’s best interests to help a former employee find a job. ... [read more]

Tuesday, May 08, 2018 @ 12:11 PM

Langlois grows team in Quebec

Langlois lawyers has expanded its Quebec legal team. Sophie Hébert, Xavier Berwald-Grégoire and Mélissa Bazin have joined the Montreal office, while Vincent Tremblay, Marie-Pier Auger and Virginie Beauchemin are now part of the Quebec City operations. ... [read more]

Tuesday, May 08, 2018 @ 8:37 AM

LABOUR RELATIONS BOARDS - Standing - Standard of review - Correctness

Application by the Union for judicial review of the Alberta Labour Relations Board’s decision. ... [read more]

Monday, May 07, 2018 @ 12:57 PM

Lenczner Slaght adds associate

There is a new associate at Lenczner Slaght Royce Smith Griffin LLP. ... [read more]

Monday, May 07, 2018 @ 11:00 AM

People must be ‘clinical’ regarding workplace conduct in #MeToo era, says lawyer David_Whitten_sm

The #MeToo movement has transformed the workplace into a “minefield” of potential sexual harassment allegations by both genuine complainants and those who “exaggerate” their claims, says a lawyer set to lecture on the subject. ... [read more]

Friday, May 04, 2018 @ 11:53 AM

B.C. introduces ‘long needed’ public sector whistleblower protection Calvin Sandborn, legal director, Environmental Law Centre, University of Victoria

The government of British Columbia has introduced legislation to protect whistleblowers in the provincial public sector, and experts are saying the legislation was a long time coming but could still use some work. The new Public Sector Disclosure Act (PIDA) includes multiple reporting options for whistleblowers, protections of confidentiality, investigative powers and a requirement that public bodies and the Office of the Ombudsperson file annual reports about disclosures. ... [read more]

Friday, May 04, 2018 @ 8:35 AM

Nondisclosure agreements revisited in the wake of #MeToo womanandmanshakinghands_sm.jpg

Private settlement agreements in wrongful dismissal claims typically require that the claimant agree to maintain strict confidentiality regarding settlement terms. However, in contentious wrongful dismissal litigation, some employers seek to impose broad nondisclosure terms that extend well beyond the terms of settlement, but in fact, seek to silence the claimant from revealing or discussing embarrassing facts or allegations underlying the legal claim. Until recently, such confidentiality restrictions have not been highly contentious or controversial. ... [read more]