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Thursday, December 03, 2020 @ 2:17 PM

Significant employment law decisions in 2020 | Stuart Rudner

Every year, I find myself saying the same thing: “You would think that by 20__, employment law in Canada would be settled.” And yet every year, we have case law that significantly alters the landscape and, in many cases, causes parties to realize that their legal position has been dramatically altered. In some cases, counsel have to update their templates to ensure that they will be upheld. ... [read more]

Wednesday, December 02, 2020 @ 1:58 PM

Lawyers beware: Alternative processes may not suspend limitation period stop_clock_sm

Since the 2016 decision in 407 ETR Concession Co. v. Day 2016 ONCA 709, Ontario law is clear that where a plaintiff pursues an alternative process to a civil action in order to resolve their dispute, the two-year limitation period may be suspended. But what happens when the plaintiff pursues that alternative process knowing it may not be the right forum in which to adjudicate their claim? ... [read more]

Wednesday, December 02, 2020 @ 1:19 PM

Raising a flag on equality prideflag

This holiday season may look different than other years. Most of us will not be seeing family and friends in person, there will be no large office holiday parties, and it is questionable whether Santa Claus will be coming to town this year (we are still waiting to see if the Ontario government will announce an order declaring Santa to be an essential service provider like the Easter Bunny). ... [read more]

Wednesday, December 02, 2020 @ 9:23 AM

Cure worse than disease: Virtual jury deliberations during COVID Part Two | Nik Khakhar

As we discussed in the first article in this series, central to the institution of the jury is the expectation that they form their verdict exclusively based on evidence that has been admitted at trial. While the Supreme Court of Canada in R v. Pan; R v. Sawyer, 2001 SCC 42  affirmed the principle of jury secrecy — which protects the content of jury deliberations from being used as evidence to overturn a verdict — the majority also maintained that information that is extrinsic to the trial is admissible on appeal. ... [read more]

Tuesday, December 01, 2020 @ 2:07 PM

Dismissal, constructive dismissal, benefits during reasonable notice period Dividingsectionsofacircle

In Farber v. Royal Trust Co., [1997] 1 S.C.R. 846, the Supreme Court developed an objective test, under the civil law, comprised of operational criteria to support a finding of constructive dismissal. What remains somewhat uncertain is the exact quantum of damages to which the employee is entitled to. Is an employee victim of constructive or wrongful dismissal entitled to all quantifiable benefits originating during what should have been the reasonable notice of termination period? Three cases of the Quebec Court of Appeal provide guidance. It is the author’s opinion that Matthews v. Ocean Nutrition Canada Ltd. 2020 SCC 26 goes further in terms of reparation than what the Court of Appeal has held is warranted in similar circumstances. Matthews may bring some changes. ... [read more]

Tuesday, December 01, 2020 @ 1:53 PM

Proposed new federal privacy law steers middle course data_lock_sm

On Nov. 17 the federal government introduced its long-awaited legislation to reform Canada’s private sector privacy law, the Personal Information Protection and Electronic Documents Act. By Bill C–11, the Digital Charter Implementation Act, the government proposes to replace PIPEDA with a new act, the Consumer Privacy Protection Act (CPPA), and to enact a separate law, the Personal Information and Data Protection Tribunal Act. ... [read more]

Tuesday, December 01, 2020 @ 9:34 AM

Ruling clarifies ‘de facto control’ and ‘factual non-arm’s length’ are separate determinations: lawyer Randy Morphy

If a person is the directing mind for a business transaction then that individual would also have de facto control of the terms of the transaction, the Federal Court of Appeal has ruled in a tax case involving a company’s attempt to claim an investment loss for shares in a company which were found to have no value.. ... [read more]

Tuesday, December 01, 2020 @ 8:21 AM

Cure worse than disease: Virtual jury deliberations during COVID Part One | Nik Khakhar

On Oct. 10, Justice Geoffrey Morawetz of the Ontario Superior Court suspended jury selection for 28 days in three of Ontario’s COVID-19 hotspots — Toronto, Brampton and Ottawa — while allowing in-person non-jury trials with 10 people or less to continue. Despite this allowance, Justice Morawetz maintained that proceedings should be carried out remotely as much as possible. By providing the option for hearings to be held via videoconferencing technologies such as Zoom or Microsoft Teams, courts can ensure that cases suffer from minimal delays despite COVID-19 restrictions on indoor gatherings. However, Ontario courts have been reluctant to allow jury deliberations to take place online. This contrasts with some courts in the U.S., such as Florida’s Fourth Judicial Circuit Court, which have overseen some of the world’s first virtual jury trials.   ... [read more]

Friday, November 27, 2020 @ 2:43 PM

Warning to employers: Drug, alcohol abuse soars during COVID-19 drinkingatwork

Virtually every business across the country has been affected by COVID-19 and by the government’s response to the pandemic. Provincial health officers, heretofore largely unknown creatures, have become household names and, in some cases, media darlings. Such is the time when sports figures and celebrities are supplanted for names like Theresa Tam and Anthony Fauci.  ... [read more]

Friday, November 27, 2020 @ 8:39 AM

Canada immigration and COVID-19 during 2020: Part two | Colin Singer

In this, the second of a two-part series, we look at how Canada immigration has been affected by COVID-19 in 2020. ... [read more]