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Monday, January 20, 2020 @ 11:05 AM

Saucy tweet results in for cause termination of employee ouchtweet

Fastenal Canada terminated B.C. employee Hussien Mehaidi for expressing his outrage on Twitter for the company’s Christmas gift of Gets Sauced BBQ sauce and a company branded wooden scraper. ... [read more]

Monday, January 20, 2020 @ 9:41 AM - Last Updated: Tuesday, January 21, 2020 @ 11:15 AM

Supreme Court of Canada hits record low 40% unanimity rate in 2019; many appeals came from Quebec TLD Exclusive

The Supreme Court of Canada divided on the outcomes of appeals in 60 per cent of the cases it decided in 2019, and spoke with one voice in just one-third of its appeal judgments — a record low unanimity rate in at least 30 years, an analysis by The Lawyer’s Daily discloses. ... [read more]

Monday, January 20, 2020 @ 8:36 AM

Statutory damages in franchise disputes scales_money_sm

Statutory damages under provincial franchise legislation provide for rescission reimbursement, damages caused by misrepresentation or failure to comply with disclosure obligations, damages for breach of the duty of fair dealing and damages for breach of the right to associate. ... [read more]

Friday, January 17, 2020 @ 1:04 PM

Top Ontario employment law cases of 2019 briefcase

Last year was a year full of changes in employment law. Aside from the many legislative changes on both the provincial and federal fronts, our courts (and some administrative tribunals) created new law, affirmed existing legal concepts and overturned others. With 2019 firmly behind us, we reviewed the top cases of 2019 and narrowed our selection of the top five cases to the following, in no particular order of importance. Two cases will be addressed in this first part of a two-part series, three others in part two. ... [read more]

Friday, January 17, 2020 @ 9:12 AM

Church constitution, bylaws establish contract with congregants, court rules Anthony Colangelo sm

The Ontario Court of Appeal has allowed the appeal of congregants who were expelled from their church after a dispute with the organization’s leadership. Counsel involved in the case said the decision helps clarify the Supreme Court of Canada’s ruling in Highwood Congregation of Jehovah’s Witnesses (Judicial Committee) v. Wall 2018 SCC 26. ... [read more]

Thursday, January 16, 2020 @ 2:03 PM

Shift from shareholder to stakeholder is upon us | Helle Bank Jorgensen

World leaders will soon be gathering in Davos, Switzerland, for the World Economic Forum. This year’s conversations will focus on strategic topics, including stakeholder responsibility, climate change, inequality and the stability of the world economy — the theme of this year's meeting being “Stakeholders for a Cohesive and Sustainable World.” ... [read more]

Thursday, January 16, 2020 @ 11:01 AM

Lawful duress, abuse of dominant position in obtaining waiver Paperplanes

The recent Quebec Court of Appeal decision Hydro-Québec v. Construction Polaris Inc. 2019 QCCA 990 dealing with unlawful duress and the ensuing annulment of a waiver can be compared with the common law approach. While it is important for the court to determine whether the party relying on the waiver or transaction was in good faith or not as to the legality of its actions, bad faith remains an elusive evidentiary concept in a commercial context. ... [read more]

Wednesday, January 15, 2020 @ 10:45 AM

Why evolution of legal model desperately needed | Shama Rafiq

When it comes to access to justice, we often forget that the old law firm structures are a major deterrence to ensuring that anyone and everyone has a fair chance to having their day in court. ... [read more]

Tuesday, January 14, 2020 @ 2:35 PM

Early neutral evaluation: A litigation off ramp off_ramp_sm

There are many forms of alternative dispute resolution, each with their own characteristics. Mediation and arbitration are well known to lawyers in Canada. However, one form of alternative dispute resolution that tends to get overlooked in Canada is early neutral evaluation — known as ENE — where an independent and impartial evaluator assesses the merits of the case. ENE is far more than a mediation in that it forces the evaluator to make an assessment of the case and communicate it to the parties. ENE offers a new off ramp that should be considered by litigation counsel. ... [read more]

Monday, January 13, 2020 @ 8:54 AM

Canada’s skilled worker programs: Year in review | Colin Singer

From a stable year at the federal level to a tumultuous 365 days of scrapped applications and reversed program changes in Quebec, there has been plenty to talk about in Canada’s skilled worker immigration field during 2019. ... [read more]