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Archive for ‘Substantive Law: Judicial Decisions’

Rejected Romantic Advance Led to Reprisal

Hank Peelle, the owner of Peelle Company Ltd., deluded himself into believing the company’s financial controller, Christine Horner, had a romantic interest in him, despite his 25-year marriage and her long-term relationship. When he thought the time was right, he tried to kiss her and she rebuffed him. Despite some genuine efforts to work it out, Peelle treated Horner differently and the relationship deteriorated. She resigned, making a claim of sexual harassment and reprisal against the employer.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions

Supreme Court Creates Duty of Honest Performance

Caveat emptor (buyer beware) or ubberima fides (utmost good faith)? What is a contracting party to do?

The Supreme Court of Canada released a decision this week in Bhasin v. Hrynew which revamps the understanding of how representations made during contractual negotiations are adhered to. The unanimous Court created an “incremental step” in developing a duty of honest performance, which was described as follows:

[93] …

(1) There is a general organizing principle of good faith that underlies many facets of contract law.

(2) In general, the particular implications of the broad principle for particular cases are determined by resorting

. . . [more]
Posted in: Substantive Law: Judicial Decisions

Real Estate Agent Loses $120,000 Commission for Not Sending Simple Email or Letter

The Ontario Court of Appeal has overturned a trial decision costing a commercial real estate agent over $100,000 all because the agent failed to send a simple email or letter.

The facts of the case are relatively straight forward.

The vendor signed a listing agreement with Ariston Realty Corp. (“Ariston”). The listing agreement contained a holdover clause which provided that the vendor would pay Ariston a commission of 5% of the sale price in the event that the property was sold within six months after the expiry of the listing agreement to any party to whom Ariston introduced the property . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

Does the Section 7 Bone Connect to Section 12 Bone?

The Canadian Charter of Rights and Freedoms has been described as a symbol of Canadian identity. It is a fundamental part of our constitution, yet the notion of protecting our rights and freedoms is something which is often misunderstood.

In 1983, soon after the Charter‘s inception, Peter Russell described the notion of protection as something which was often explained as either present or not. Instead, as he stated in his article, “The Political Purposes of the Canadian Charter of Rights and Freedoms,”

…in our actual civic experience we do not encounter these rights and freedoms in such a zero-sum

. . . [more]
Posted in: Substantive Law: Judicial Decisions

State Immunity, Torture, and Impunity

Today, justice was denied to Zahra Kazemi and her family. After an eight year struggle, the Supreme Court of Canada released the decision many of us feared: Iran and its functionaries are immune from the civil jurisdiction of the Canadian courts for having arrested, tortured and murdered Ms. Kazemi, a Canadian journalist.

There will be time to pick apart the decision over the coming months, and years. Right now, though, I can’t do much more than shake with frustration and grief. In my 2009 comment on this case, when it was still pending before the Quebec Superior Court, I . . . [more]

Posted in: Justice Issues, Substantive Law, Substantive Law: Judicial Decisions

Of the Vilardell Case and a Victory for BC’s Middle Class

The thing about writing for a blog (especially one that commits you to weekly posts) is that often times you can only barely introduce a topic or idea.

And undoubtedly one of the best things about blogs is that cursory introductions are totally fine. Want popcorn commentary on a landmark decision from the country’s highest court? Bam. Here you go.

The Supreme Court of Canada’s October 2, 2014 majority decision regarding the (non) constitutionality of pricey court fees in Trial Lawyers Association of British Columbia v. British Columbia (Attorney General), 2014 SCC 59, is big news here in BC. . . . [more]

Posted in: Case Comment, Justice Issues, Substantive Law: Judicial Decisions

Orders Made by Director Under the AODA

Despite concerns from many that the government was lagging in its enforcement of the Accessibility for Ontarians with Disabilities Act (AODA), the Accessibility Directorate of Ontario (ADO) has been issuing orders to comply with the Act, particularly the section 14 requirement to produce and file an accessibility report with the directorate.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Shocking Communications With a Job Applicant Cost Employer $8,000 in Damages

When an employer denied a job candidate’s application with a text message saying, “I don’t hire foreners I keep the white man working" (his spelling not mine!), the Ontario Human Rights Tribunal had no trouble finding that the job applicant experienced discrimination on the basis of race, color and place of origin.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Employee Constructively Dismissed Because of a Temporary Layoff

Can a temporary layoff, in the absence of an express or implied contractual term authorizing such action during the term of employment, constitute a constructive dismissal? Ontario’s Small Claims Court recently answered this question in the case of Janice Wiens v. Davert Tools Inc., 2014 CanLII 47234.
Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Short Updates: A Thank-You to Eugene Meehan

The amount of information required to stay abreast of the changing law, in a general sense, is massive. Supreme Court of Canada statistics tell us that there were over 70 decisions to read from that court alone every year. Add your jurisdiction’s Court of Appeal and trial courts decisions, federal and provincial legislative changes, tribunal decisions, municipal and other delegated legislation and you have way more material than any generalist can reasonably consume.

Of course you don’t need to know it all. Many of those pieces of legal information can be learned just in time rather than just in case. . . . [more]

Posted in: Legal Information, Substantive Law: Judicial Decisions