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Tuesday, November 26, 2019 @ 8:35 AM

Decision on constructive dismissal a game breaker | Julius Melnitzer

The Workplace Safety and Insurance Appeals Tribunal’s recent decision in Hospitality Fallsview Holdings Inc. v. Morningstar 2019 ONWSIAT 2324, may signal a new jurisdictional regime around claims of wrongful dismissal premised on workplace harassment causing chronic mental stress. ... [read more]

Friday, November 22, 2019 @ 1:34 PM

Are the kids all right? Millennial approaches to legal research and writing | Neil Guthrie

Now that ‘OK, boomer’ has become a millennial riposte to perceived slights (presumably with an actual eye-roll or the equivalent emoji), I should say that, by and large, the kids are all right when it comes to legal research and writing. Or at least the ones I see. Having taught a section of Advanced Legal Research and Writing at the law school at the University of Toronto for five years (until the faculty decided to ditch most of its adjuncts this summer), and a similar course for the school’s Global Professional LLM, I can say that standards are fairly high. This is true of the summer and articling students at my firm as well. I have come across some excellent writing and solid research. ... [read more]

Friday, November 22, 2019 @ 8:46 AM

Post trial physical, mental storm normal | Kyla Lee

After a particularly effective cross-examination, I called my law partner while driving home. Triumphantly, I declared myself the queen of cross-examination. He listened dutifully, as law partners to trial lawyers do, while I recounted how I had ensnared the witness and got him to admit his numerous errors. ... [read more]

Thursday, November 21, 2019 @ 1:59 PM

Ontario Court of Appeal decision could result in Alberta legislation | Barry Bussey

While it may initially seem strange that a decision of one appellate court would result in proposed legislation in a different province altogether, such is the state of politics and law in this country. Over the last number of years, the judiciary has been reluctant to protect the physician, being the Charter rights holder, who has a conscientious objection — religious or otherwise — to taking another human life (whether pre-born or with a terminal illness). It now falls on legislators to act in support of the Charter rights of doctors. ... [read more]

Wednesday, November 20, 2019 @ 10:44 AM

Ongoing injustice of poverty for Indigenous consequence of Van der Peet | Angelique EagleWoman

According to the Canadian Poverty Institute, Indigenous peoples are experiencing the highest levels of poverty with one in every four persons in poverty and 40 per cent of Indigenous children living in poverty. As Indigenous leaders attempt to assert self-government and engage in economic development, systemic barriers undermine their efforts. ... [read more]

Monday, November 18, 2019 @ 3:04 PM

Time for Charter challenge on First Nations drinking water | Maggie Wente

A recent nationwide media investigation in early November revealed that there are high levels of lead contamination in cities and towns across Canada. News media reported that some lead contamination levels were similar to those in Flint, Mich., where there has been a highly publicized water contamination crisis since 2014. The recent reports have been internationally reported, and Canadians seem worried. ... [read more]

Monday, November 18, 2019 @ 2:12 PM

Supreme Court’s Uber decision could open floodgates for others | Rachel Goldenberg

Uber’s appeal to the Supreme Court of Canada commenced on Nov. 6.  As previously discussed, Uber is appealing the Ontario Court of Appeal’s decision (Heller v. Uber Technologies Inc. [2019] O.J. No. 1) that the clause in Uber’s contracts with its drivers which requires arbitration rather than civil action is invalid and unenforceable. Gig economy employers, workers and the public at large are anxiously awaiting a determination from the Supreme Court, hoping for some guidance on whether gig economy workers are employees or contractors. ... [read more]

Monday, November 18, 2019 @ 10:32 AM

I lost my battle with the CRA, but I won the war | Dale Barrett

My firm cannot make the claim that we have won all of our cases in the Tax Court of Canada, but what we can tell you is that every single case we have won in court was lost at the objection stage. And in many cases, we were also unable to convince an auditor of our client’s position.So before a win or settlement in tax court, the taxpayer often has to lose twice. ... [read more]

Thursday, November 14, 2019 @ 12:41 PM

The tricky question of what counts as employee mitigation | Stuart Rudner

It is well established that a dismissed employee has a duty to mitigate their damages by making reasonable efforts to find new employment. Recent jurisprudence confirms that this means the dismissed employee must look for and accept comparable employment, which makes sense; a former CEO should not be required to accept a job as a cashier as part of their duty to mitigate. ... [read more]

Tuesday, November 12, 2019 @ 11:18 AM

New SCC clerkship interview process: Equity and sound public administration | Lawrence David

Cambridge doctoral student Paul Warchuk messaged me this morning with the following news: ... [read more]