Canada’s online legal magazine.

Archive for ‘Practice of Law: Practice Management’

Scales of Justice: Balancing Privacy Rights With Surveillance Economy

“Minds have been opened and changed over the past few months,” legal author and commentator Richard Susskind wrote in a 2020 article titled The Future of Courts. “Many assumptions have been swept aside.”

The global pandemic has forced lawyers and justice system stakeholders out of their normal physical environments and into what on the surface appears to be the safe harbour of the virtual world. Remote hearings may protect us all from a virus; the platforms that make them possible may, however, have their own issues.

An internet truism is that if you’re not paying for the product, you are . . . [more]

Posted in: Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology

Modernizing the Justice System Requires a Tailored Approach

One size does not fit all.

A simple survey of the measures put in place so that the justice system may continue operating in spite of restrictive measures to mitigate the spread of COVID-19 will bear that out.

Virtual hearings have been a lifesaver for some proceedings. But while they may have increased opportunities for some individuals – making it easier to attend court, for example, by reducing travel time, costs and need for childcare – for others they presented more challenges.

When the pandemic was declared and physical-distancing measures instituted, Canadian courts, administrative tribunals and other dispute resolution bodies . . . [more]

Posted in: Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management

CBA Task Force Examines Pandemic’s Effect on Justice System

January 4, 2021, marked exactly one year since the first published reports of a disturbing new virus in Wuhan, China.

That virus, COVID-19, has touched us all in the past year on personal and professional levels. We’ve all had to accept individual restrictions for the public good, and to adjust to new ways of doing things.

It’s also true that in the legal profession at least we’ve been able to find some silver linings in these trying circumstances. For example, the pandemic pressed the accelerator on justice system modernization that groups such as the CBA have been advocating for years. . . . [more]

Posted in: Justice Issues, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Technology

Cheifetz, Apportionment of Fault (1981) – PDF Available

Apportionment of Fault In Tort (1981) – David Cheifetz

An unrestricted PDF of Cheifetz, Apportionment of Fault in Tort is now available. The text has been out of print for about 2 decades.

The “price”, for Canadian purchasers, will be a donation of CDN $20 to either the Toronto Hospital for Sick Children or the Vancouver Children’s Hospital. Purchasers from other countries should chose a suitable children’s hospital or equivalent in their jurisdictions.

If you want the PDF: Send a request to me at dcheifetz21@gmail.com with a copy of the donation confirmation and the email address to which you want . . . [more]

Posted in: Announcements, Legal Information, Legal Information: Libraries & Research, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Employees’ Imperfect Right to Reasonable Accommodation

By Lewis Waring, Paralegal and Student-at-Law, Editor, First Reference Inc.

Human rights claims are often the result of an employee’s claim that their employer has failed to accommodate their needs. Whether such claims arise due to an employee’s disability, family status, gender, religion or any other human rights ground, employees have a duty to accommodate the human rights needs of their employees. However, the duty to accommodate does not require employers to provide employees with their ideal option. Instead, employees are only required to provide reasonable accommodation. In a recent British Columbian human rights case, an employer fulfilled its duty . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Supreme Court Clarifies Law on Adverse Effect Discrimination

The Supreme Court of Canada’s decision in Fraser v. Canada (Attorney General), 2020 SCC 28 provides a sweeping overview of the law of adverse effect discrimination. This decision specifically targets the alleged discriminatory effect of the RCMP’s policy not to allow those who temporarily reduce their working hours under a job-sharing agreement to “buy back” these periods of reduced working hours for the purposes of their pension. In contrast, those who experienced gaps in their record of service by reason of suspension or spending time on unpaid leave did have the opportunity to buy back pensionable service time. After . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Sexagenarian Firefighter Forced to Hang Up Hose

Written by Daniel Standing LL.B., Editor, First Reference Inc.

In many cases, the choice of when to retire is based on a variety of factors, including lifestyle, priorities and other circumstances. Sometimes the decision to stop working is an easy one, while others prefer to continue working as long as possible. But what happens when an employee’s retirement is not a choice but is a requirement of his or her pension plan? Is it discriminatory? This issue came before the Human Rights Tribunal of Alberta in Aziz v Calgary Firefighters Association, 2020 AHRC 40 when a firefighter nearing the . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

The Restoring Balance in Alberta’s Workplaces Act Receives Royal Assent

The Restoring Balance in Alberta’s Workplaces Act (introduced as Bill 32 and referred to as the Act) passed its final reading on July 28, 2020, and received royal assent on July 29, 2020. Some sections of the Act still require proclamation to come into force, however, most provisions come into force on assent or August 15 or November 1, 2020. . . . [more]

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

Alberta Tables Significant Proposed Employment Law Changes

On July 7, 2020, the Alberta government tabled Bill 32, The proposed Restoring Balance in Alberta’s Workplaces Act that will support economic recovery, restore balance in the workplace and get Albertans back to work. The Bill proposes changes to the Employment Standards Code and the Labour Relations Code. Labour and Immigration Minister Jason Copping stated to the media that the proposed legislation would support economic recovery by cutting “red tape” for businesses and would reverse some changes made by the NDP when they were in government. . . . [more]

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

Arbitrator Upholds Properly Drafted and Applied Absenteeism Policy

By Lewis Waring, Paralegal and Student-at-Law, Editor, First Reference Inc.

One of the most important crucial aspects of managing the employment relationship is written policies. Company policies, when drafted and applied properly, can be an effective shield against liability in many employment law cases. Through policy, an employer sets the rights and obligations of the employer and the workers within the workplace. When employers draft up-to-date policy that stays within legal boundaries and workers are kept notified about their rights and obligations under that policy, employers may often successfully fend off legal action such as wrongful dismissal or constructive dismissal. . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Court Awards Aggravated Damages in Wrongful Dismissal Case

By Daniel Standing LL.B., Editor, First Reference Inc.

The case Acumen Law Corporation v Ojanen, 2019 BCSC 1352 (CanLII) tells the story of the abrupt and acrimonious end of an articling student’s employment with a law firm. The court rejected the range of factors purported to support just cause and, in addition to ordinary damages for breach of contract, awarded the employee aggravated or moral damages because of the way she was fired. The case serves as an important reminder to employers about the seriousness of misconduct required to support just cause, and should also encourage employers to think . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions

Employers Must Ensure All Overtime Work Complies With Employment Standards

Written by Lewis Waring, Paralegal, Student-at-law, Editor, First Reference Inc.

In the federally regulated employment sector, working overtime hours is subject to a number of requirements under the Canada Labour Code. Although such legislation requires that any and all overtime work be compensated adequately, even providing such compensation does not ensure that employers in the federally regulated sectors are in compliance with their obligations. In a recent decision, an Ontario court decided an employer’s policy and labour practices regarding overtime hours failed to comply with the Canada Labour Code in a dramatic and broad class-action lawsuit brought by a . . . [more]

Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation