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Archive for ‘Miscellaneous’

Kindness and Mercy

A very recent example of a court both showing mercy and exercising the power it had with respect to a mortgagor’s equity of redemption with kindness is Winters v. Hunking, 2017 ONCA 909. A mortgagor, a man of limited abilities, and described by Blair J.A. as a man who “did everything wrong”, mortgaged his farm to the plaintiffs. In foreclosure proceedings, the Court of Appeal allowed him to keep the large difference between the amount needed to discharge his debts and the price that could be obtained for the land. The reasons for judgment and the decision are characterized . . . [more]

Posted in: Miscellaneous

Ontario Bill 148 Updating Employment and Labour Legislation Passed

Blog post updated on November 23, 2017 after publication

On November 22, 2017, an amended version of Bill 148, Fair Workplaces, Better Jobs Act, 2017 received third reading and passed. It is now waiting for royal assent to become law. Once it receives assent, the Bill will become law and amend significantly the Employment Standards Act, 2000 (“ESA”) and the Labour Relations Act, 1995 (“LRA”). . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Strengthening the Prevention of Workplace Violence and Harassment

Bill C-65, An Act to amend the Canada Labour Code (harassment and violence), the Parliamentary Employment and Staff Relations Act and the Budget Implementation Act, 2017, No. 1, introduced on November 7, 2017, by the Minister of Employment, Workforce Development and Labour, Patty Hajdu, seeks to amend both the Canada Labour Code and the Parliamentary Employment and Staff Relations Act to, according to the federal government, replace the patchwork of laws and policies that address violence and harassment within the federal jurisdiction, putting into place one comprehensive approach that takes the full spectrum of harassment and violence into consideration. . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario’s Cannabis Legislation Tabled in Legislature

On November 1, 2017, the Ontario government tabled Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017, which would, if enacted, create the Cannabis Act, 2017 to provide the provincial framework for the upcoming federal Bill C-45, Cannabis Act that will legalize cannabis in Canada in July 1, 2018. . . . [more]

Posted in: Miscellaneous, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Quebec’s Religious Neutrality of the State Bill Passed

An amended version of Bill 62, An Act to foster adherence to State religious neutrality and, in particular, to provide a framework for religious accommodation requests in certain bodies to foster respect for religious neutrality of the state and aimed in particular to frame requests for religious accommodations in certain organizations passed third reading on October 18, 2017, with a vote of 66-51. It is now awaiting royal assent to become law. . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Legislation

October 1, 2017 and Upcoming Minimum Wage Increases

Five Canadian provinces are increasing the general minimum wage rate October 1, 2017 as follows: Alberta ($13.60), Manitoba ($11.15), Newfoundland and Labrador ($11.00), Ontario ($11.60) and Saskatchewan ($10.96). The general minimum wage rate increase results in corresponding increases to other rates in the respective provinces.

Note that British Columbia’s general minimum wage increased September 15, 2017 to $11.35 per hour. Other provincial minimum wage rates were also adjusted at that time. . . . [more]

Posted in: Miscellaneous, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Canadian IT Law Association Annual Conference

I just signed up to attend the fall IT-Can conference, and thought the conference was worth mentioning. It is a consistent high quality conference for lawyers practicing in the IT/IP fields, and for others such as CIO’s.

Topics this year include fintech, quantum computing, blockchain and smart contracts, connected vehicles, big data, health care tech, cybersecurity, and control over online content.

Perhaps I’ll see you there in Toronto on Oct 23. . . . [more]

Posted in: Announcements, Miscellaneous, Technology

“Chain Migration” and the Importance of Language

The most recent controversy stemming from the Twitter account of the-president-who-shall-not-be-named related to “chain migration”. This refers to immigrants who seek to gain points or favour with the destination country based on their personal connections to people residing or connected to that country. The idea is that the citizens or residents are creating a “chain” to help bring members of their personal networks to the country and thereby circumvent or undermine the application process. In Canada, we would call this “family reunification” and it is explicitly stated as one of the Objectives within immigration law.

Subsection 3(1)(d) of the Immigration . . . [more]

Posted in: Justice Issues, Miscellaneous

Privacy Information: Cookieless Identification and Tracking of Devices

This blog post is entirely written by Christina Catenacci, BA, LLB, LLM, for First Reference Talks. Christina is currently pursuing a PhD at the University of Western Ontario with a focus on privacy law.

On August 21, 2017, the Office of the Privacy Commissioner of Canada released an informative piece regarding cookieless identification and tracking of devices. Interestingly, there is a new technique called, “fingerprinting”, which can work to enable website operators, advertising companies, and other organizations to track users – even when they clear their cookies. The document explains the implications and what people can do to protect their . . . [more]

Posted in: Legal Information, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet

Manitoba Tribunal Seeking New Members

The Manitoba Co-op Housing Tribunal is looking for panel members. They are seeking lawyers with experience in housing issues and administrative law to oversee hearings as the chair of a 3 person panel (with 2 community members) and to draft decisions based on the written and oral evidence presented. Often the parties are unrepresented so the tribunal member should also be able to explain all the relevant rules & laws and make sure the parties understand the potential consequences, while maintaining impartiality. No legal training is provided and your work will be scrutinized by a public servant with a background . . . [more]

Posted in: Education & Training, Miscellaneous

Canada 150 and the Meaning of Citizenship

Last week, I attended a ceremony for 80 new citizens as a guest of Friends of Filipino Immigrants in Manitoba. The room was packed with folks from 18 different countries all coming together to celebrate becoming Canadian. The atmosphere was festive, bordering on jubilant. A choir of children started the national anthem and we all joined in. Some sang in English and others in French. And the Citizenship Judge, Dwight MacAulay, reminded us of some of the key events over the past 150 years that have built this country before he bestowed the prize that each of them . . . [more]

Posted in: Justice Issues, Miscellaneous

I’ve Got Nothing to Hide…

“I’ve got nothing to hide” is a common retort from people who are blasé about privacy. Their point is that they have done nothing wrong, so they don’t care how much of their information and habits are public.

The flaw in that retort is that information about us can be used in many ways and for many things that we might not expect. And things that we may think are normal and innocuous may be offensive to others who can make life difficult because of it. For example, the US Justice department is trying to get the names of over . . . [more]

Posted in: Miscellaneous