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Labour & Employment

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Wednesday, August 02, 2017 @ 9:18 AM

Feds reverse union certification, decertification processes

As predictable as the ocean tides, labour law in this country ebbs and flows in conjunction with the political stripes of the governing party. This is true at the provincial and federal level. A case in point is the seemingly never-ending debate over card check certification versus secret ballot vote certification. Unions prefer the former and employers, if they had to have a regime permitting certification at all, would opt for a vote. ... [read more]

Wednesday, August 02, 2017 @ 8:25 AM

UNFAIR LABOUR PRACTICES - By employer - Failure to bargain

Appeal by the United Steel, Paper and Forestry, Rubber, Manufacturing, Energy, Allied Industrial and Service Workers International Union (Union) from the dismissal of its application for judicial review of a decision of the Saskatchewan Labour Relations Board (Board). ... [read more]

Monday, July 31, 2017 @ 3:24 PM

CARRIERS - Regulation - Tariffs, rates and service charges

Petition by container truck transport companies for judicial review of the validity of the Container Transport Act and Regulations, and interpretations thereof by the British Columbia Container Trucking Commissioner. ... [read more]

Monday, July 31, 2017 @ 1:46 PM

Vincent joins Langlois lawyers' business law group

Kateri Vincent has joined Langlois lawyers as a member of its business law group. ... [read more]

Thursday, July 27, 2017 @ 6:06 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 @ 2:59 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 @ 9:08 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 @ 8:32 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 @ 8:12 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]