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Wednesday, August 31, 2022 @ 1:49 PM

Refusal to comply with mask bylaw and policy deemed repudiation, not constructive dismissal Mask

What happens when an employee refuses to comply with both a legal requirement and an employer policy, and is then placed on an unpaid leave of absence rather than terminated? That was the question recently taken up by the Court of Queen’s Bench of Alberta in Benke v. Loblaw Companies Limited [2022] A.J. No. 857. ... [read more]

Wednesday, August 31, 2022 @ 10:33 AM

Confidentiality clause voids an employment contract Contract being ripped in two

Employees are entitled to know at the beginning of an employment relationship what their entitlement will be at the end of their employment. To accomplish this objective, employers often spend a great deal of financial and human resources in drafting comprehensive employment agreements, just to find out, usually in court, that they are unenforceable. ... [read more]

Wednesday, August 31, 2022 @ 10:32 AM

Incoming Supreme Court judge says top court ‘must work to move society forward in a progressive way’ Michelle O'Bonsawin

Ontario Superior Court Justice Michelle O’Bonsawin, who Sept. 1 becomes the first Indigenous jurist to join the Supreme Court of Canada, said in her application for that post that, in her view, the top court “must work to move society forward in a progressive way yet remain respectful of the law.” ... [read more]

Tuesday, August 30, 2022 @ 2:40 PM

When and how to use an earnout in a company sale Pair of dice, Buy, Sell, on stock data graph background

Disagreements emerge in any negotiation. For a company sale, any good business lawyer knows that sale transaction friction is typically about price. ... [read more]

Tuesday, August 30, 2022 @ 10:59 AM

International students: Canada needs a nuanced approach | Ravi Jain

Back in May, I wrote a column for The Lawyer’s Daily about the importance of speeding up all types of immigration and citizenship applications. At the time, there was a two million application backlog and I noted that a dysfunctional immigration system prevents us as nation from meeting our humanitarian objectives, our family reunification goals. It also endangers our competitiveness as we need skilled workers for our nation’s economic well-being given that our population has already aged and because unemployment is so low. ... [read more]

Tuesday, August 30, 2022 @ 10:55 AM

Ukraine, Russia and the International Court of Justice, part two World Court

Ukrainian president Volodymyr Zelenskyy declared martial law on Feb. 24 as Russia launched airstrikes and artillery attacks on Kyiv, Kharkiv, Dnipro as well as along the border dividing the two countries.  ... [read more]

Tuesday, August 30, 2022 @ 10:37 AM

Tourist vs. immigrant: A change in perspective | Alexandar Pavlov

Shelter workers in Ontario have a unique job. I never dreamed, as a lawyer in Bulgaria, that my occupation would someday lead me to the shelters and to the social institutions in this province, providing support for vulnerable people. Life, however, has given me this opportunity. ... [read more]

Monday, August 29, 2022 @ 2:09 PM

Intersection of animals, mental health, sex assault, workplaces woman with cat

The King of Prussia coined a famous phrase: “A dog is a man’s best friend.” This saying was first recorded in 1739, and it remains relevant today. The history of evolution shows that dogs were the first to be domesticated and have been an essential part of our lives. They are seen as both pets or hunting partners, but more than either one, they provide companionship with their love, loyalty and emotional connection we hold for them all these years later. ... [read more]

Monday, August 29, 2022 @ 1:42 PM

Modern international arbitration: 150 years young USS Kearsarge sinking the CSS Alabama

This summer marks the 150th anniversary of what many consider to be the beginning of modern international arbitration: the release of the award in the Alabama Claims Arbitration, held in Geneva in 1872 between the United States and Britain. ... [read more]

Friday, August 26, 2022 @ 2:45 PM

Trudeau’s latest pick for SCC donated to Liberals before her 2017 appointment to federal bench Exclusive

As a lawyer, before she joined the Ontario Superior Court in 2017, soon-to-be Supreme Court of Canada Justice Michelle O’Bonsawin — whose Sept. 1 appointment was announced by Prime Minister Justin Trudeau today — donated a small amount to Trudeau’s Liberal leadership campaign, and she and her spouse, Ottawa lawyer Pierre Robichaud, both made other donations to the Liberal Party, discloses a search by The Lawyer’s Daily of Elections Canada political financing data. ... [read more]