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Labour & Employment

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Monday, July 11, 2022 @ 11:08 AM

SCC refuses to make it easier to establish delays as abuse of process in administrative proceedings Malcolm Rowe

Ruling that speedy trial principles applicable in criminal cases can’t be used to attack dilatory administrative proceedings, the Supreme Court of Canada has declined 8-1 to make it easier to establish abuse of process when law societies or other professional regulators take years to investigate and adjudicate professional misconduct allegations. ... [read more]

Friday, July 08, 2022 @ 4:56 PM

Ontario Appeal Court finds claims are statute-barred, dismisses post-retirement payments appeal

A terminated employee has lost his bid in the Court of Appeal for Ontario to overturn summary judgment in a case involving post-retirement payments. ... [read more]

Friday, July 08, 2022 @ 1:45 PM

What I would have done differently | Murray Gottheil

I whine a fair bit about the legal profession. Occasionally someone asks me what I would have done differently if I could go back and start over. Of course, the trite answer is “be an optometrist.” (Some neat things about being an optometrist: (i) you get to wear a white coat; (ii) the hours are fairly regular; (iii) you rarely have to worry about getting sued for prescribing the wrong lenses; and (iv) according to Dr. Google, your average salary will be higher than the average salary of a lawyer.) ... [read more]

Thursday, July 07, 2022 @ 1:09 PM

Navigating disability claims during mental health shadow pandemic mentalhealth

A rise in mental health issues during the COVID-19 pandemic has resulted in a mental health shadow pandemic with many people not getting the help they need and deserve. ... [read more]

Thursday, July 07, 2022 @ 9:45 AM

‘Above all don’t pester your lawyer’ | Jo-Anne Stark

Dear Jo: ... [read more]

Thursday, July 07, 2022 @ 6:19 AM

EMPLOYMENT INSURANCE LEGISLATION - Interpretation

Application by Canada Employment Insurance Commission (Commission) for judicial review of the decision of the Appeal Division of the Social Security Tribunal which upheld the decision of the General Division finding that Hull elected to receive the option of standard parental employment insurance (EI) benefits when she applied for benefits, on the grounds that the General Division erred in law or exceeded its jurisdiction. ... [read more]

Wednesday, July 06, 2022 @ 3:07 PM

Swearing oath to Queen violation of prospective lawyer’s religious rights, lawsuit says Avnish Nanda, Nanda & Company

A prospective lawyer in Alberta is challenging a requirement that he swear an oath of allegiance to the Queen before being called to the bar, arguing such a pledge violates his Charter right to freedom of religion as a devout Sikh. ... [read more]

Wednesday, July 06, 2022 @ 11:51 AM

Court upholds decision siding with insurer against nurse who ‘wrongfully’ accessed patient files

The Ontario Court of Appeal has upheld a lower court decision dismissing an action brought by a former nurse against an insurer after it declined to defend her in eight civil actions brought by patients whose records were “wrongfully” accessed when the nurse used them to obtain Percocet tablets for personal use. ... [read more]

Wednesday, July 06, 2022 @ 8:59 AM

Fasken partner elected as fellow of College of Labor and Employment Lawyers

Fasken announced that Montreal partner Magali Cournoyer-Proulx has been named a fellow in the Class of 2022 of the College of Labor and Employment Lawyers, a group of legal scholars, academicians and academics in the field of labour and employment law. Thirty-three new members were selected this year, including only one person from Quebec out of three Canadians. ... [read more]

Wednesday, July 06, 2022 @ 5:46 AM

IMPLIED DUTIES OF EMPLOYER - Transfers

Application by Nowlan for judicial review of the decision of the Federal Public Service Labour Relations and Employment Board (“Board”) and its interpretation of the National Joint Council’s Relocation Directive (“Directive”). Nowlan was an employee working in the Ottawa office of the Department of Foreign Affairs, Trade and Development (“employer”). ... [read more]