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Tuesday, December 11, 2018 @ 9:09 AM

‘Blanket’ expertise and the standard of review | Heather MacIvor

The holidays came early this year, at least for administrative law aficionados. On Dec. 4-6 the Supreme Court of Canada hosted a three-day feast of submissions on the standard of review. It was brunch, really, since the sittings ended at midday. But what a menu! Legislative intent, statutory interpretation and the rule of law, served up by some of Canada’s best advocates. ... [read more]

Monday, December 10, 2018 @ 9:27 AM

WORKERS’ COMPENSATION - Payment of benefits - Recovery of overpayments

Appeal by the Saskatchewan Workers’ Compensation Board (WCB) from a Queen’s Bench ruling regarding a WCB debt’s survival following discharge from bankruptcy. ... [read more]

Thursday, December 06, 2018 @ 10:52 AM

UK Employer has no legal obligation to defend reputational interest of employee

Employers may be vicariously liable for the acts of employees. Both may be named in a civil action and the employer may be called upon to assume responsibility in defending the claim on behalf of both the employer and the employee. The interests of the employer, however, may not always align with those of the employee. The employer has unique corporate interests to protect, while the employee may have his or her own reputational interests that have no bearing on the employer.   ... [read more]

Wednesday, December 05, 2018 @ 11:38 AM - Last Updated: Wednesday, December 05, 2018 @ 5:22 PM

Ex-SCC judge who co-wrote Dunsmuir weighs in as counsel as top court revisits Dunsmuir’s standard of review

Ex-Supreme Court of Canada Justice Michel Bastarache’s participation as a counsel in three appeals the top court is using to revisit one of his most famous judgments, Dunsmuir v. New Brunswick, has renewed debate about what ex-judges can do when they return to legal practice. ... [read more]

Monday, December 03, 2018 @ 10:45 AM

SCC poised to hear ‘admin-lawlapalooza’ but scholar doubts judges can find standard of review ‘holy grail’ Robert Danay

Lawyers watching this week’s blockbuster three-day Supreme Court hearing on standard of review should keep a sharp eye on Justices Michael Moldaver and Sheilah Martin, advises B.C. lawyer Robert Danay, who tracks the administrative law voting records of the court’s nine members. ... [read more]

Monday, December 03, 2018 @ 9:45 AM

What’s old is new with Ontario’s sweeping employment law changes Turningbackclock_sm.jpg

On June 1, 2017, following two years of consultation, Ontario’s Liberal government unveiled the Fair Workplaces, Better Jobs Act, 2017 (Bill 148), which introduced some of the widest-sweeping changes to Ontario’s employment legislation in the province’s history. The focus of this piece are its changes to the Employment Standards Act (ESA). ... [read more]

Friday, November 30, 2018 @ 8:36 AM

Ontario employers must remain ready for delayed Pay Transparency Act: lawyers Shaun_Bernstein_sm

New legislation aimed at closing the wage gap between Ontario’s working men and women may have been put on hold by the PC government, but lawyers say employers need to stay aware that it — or something like it — will still be coming. These comments come in the wake of the Progressive Conservatives stating in their recent fiscal update that the implementation of the former government’s Pay Transparency Act would be delayed. ... [read more]

Wednesday, November 28, 2018 @ 11:47 AM

Former Lakehead law dean’s legal battle a lesson on reconciliation, lawyers say Angelique EagleWoman sm

Former law dean Angelique EagleWoman’s decision to sue Lakehead University for constructive dismissal and racial discrimination is a fight indicative of how Indigenous people are treated by Canadian institutions, her legal counsel said. “I think that people in the legal community should pay very close attention to it because how it unfolds will say a lot about the commitment of the broader legal community to Indigenous peoples in Canada,” said Paul Champ, of Champ & Associates and one of EagleWoman’s lawyers. ... [read more]

Tuesday, November 27, 2018 @ 2:34 PM

Long term disability insurance: Common employee misconceptions Disabilitymyths

Long-term disability (LTD) coverage is often a key benefit employees derive from their employment. Most commonly found in group plans sponsored by employers, LTD benefits can provide significant security to employees in the form of income continuation when they are disabled due to an illness or injury. The 2018 annual report by the Canadian Life and Health Insurance Association suggests that over 12 million Canadians have access to some form of disability benefits. Other reports suggest one-third of Canadians will report being disabled for at least one period of 90 days or more before age 65. ... [read more]

Tuesday, November 27, 2018 @ 8:29 AM

WORKERS' COMPENSATION - Interpretation - Persons not covered

Appeal by the Workers’ Compensation Appeal Tribunal (WCAT) from a decision that found its decision denying the respondent worker compensation was patently unreasonable. ... [read more]