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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Condo Adviser 2. First Reference 3. Labour Pains 4. Employment & Human Rights Law in Canada 5. Family LLB

Condo Adviser
Condo Liens: What is the Required Minimum Notice?

In a recent Ottawa case, the courts clarified how condo corporations are to calculate the minimum 10-day notice requirement prior to being able to register a lien on a defaulting unit. This post sheds some light on this tricky requirement. …

First Reference
Reinstatement is a potential remedy, but not in this case

While monetary damages are the usual result of legal actions, we all know that in some contexts, reinstatement is a potential remedy. It can occur in grievance arbitrations, human rights claims, and other circumstances. Interestingly, an Ontario arbitrator recently declined to order that a wrongfully dismissed employee be reinstated due to her behaviour during the trial. …

Labour Pains
Employee Has Right to Change Mind about Resignation: ONCA

Can an employee change her mind about resignation, if the impetus for such voluntary resignation ceases to be an issue, and the employee has not yet left employment? In the third in a series of decisions concerning “working resignation”, English v. Manulife Financial Corporation, 2019 ONCA 612 , the Court of Appeal of Ontario said yes. …

Employment & Human Rights Law in Canada
Texting at work

Let’s face it, we are all addicted to our phones. Some of us have jobs where our phones are required to be locked up in a locker for the day and we only have access to them on breaks. As a desk worker – who does not have to lock up her phone – I can only imagine the agony! Time spent on a personal device can interfere with work and productivity. Ever fall into an Instagram trance and next thing you know 2 hours have passed? Sure, you haven’t…

Family LLB
Gambling, Drinking and Affairs – How do Ontario Divorce Courts Treat Spouses for their Misdeeds?

A case called Malandra v. Malandra, where the court found that – for the purposes of deciding whether their Net Family Property (NFP) should be unequally divided – the husband should not be held solely accountable for certain bad business investments. This question of whether the NFP should be divided unequally comes up often: among other things courts must consider whether one of the spouses behaved in a manner that makes an even split unfair. …

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*Randomness here is created by Random.org and its list randomizing function.

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