Most of us are looking forward these days to vaccines, especially to help us see a world where we are living following a pandemic. Not everyone is keen on vaccines though, and those divisions extend to disputes between parents over their kids.

The Ontario Superior Court of Justice recently released an appeal in A.P. v. L.K. of an arbitration, where the arbitrator concluded it was not in the best interests of the two children of the relationship to become vaccinated. A court may confirm, vary, or set aside an arbitral award, or remit it to the arbitral tribunal, under s. . . . [more]

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

 
The Ontario Superior Court of Justice put forward several motions in a wrongful dismissal case, Kaminsky v. Janston Financial Group, 2020 ONSC Number 5320 (CanLII) via Zoom in August. The parties ended up in court following Carolyn Kaminsky’s dismissal from her position within her family’s business. The decision turned on a point of civil procedure and provides employers with insight into what they may argue at trial based on their knowledge of facts amounting to just cause at the time of dismissal. . . . [more]

Twitter has received a lot of public attention recently, most notably for banning the President of the United States from using the platform. 

A new decision by the British Columbia Supreme Court in Giustra v. Twitter, Inc. concluded that the court has jurisdiction simpliciter over the platform, and that the Canadian courts were a forum conviens for the purposes of litigation.

The plaintiff had strong connections to both British Columbia and California, the latter also being the location of the defendant and all of its documents.

The allegedly defamatory content related to various conspiracies touted by the far-right, also known . . . [more]

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

The recent New Brunswick labour arbitration decision in Unifor, Local 907 and J.B. v Irving Paper Limited, 2020 CanLII 38613 (NB LA) tells the unfortunate tale of an alcoholic’s losing battle to overcome his addiction and losing his job in the process. The decision provides helpful insights into how far an employer can or should go in accommodating this disability. The decision will be of particular interest to employers who operate safety-sensitive operations, and to employees who may be uncertain of the role they must play in the search for a . . . [more]

A post-secondary education, for most Canadians, is a gateway and a pre-requisite to a better future. Additional education is especially important during difficult economic times, in particular after the loss of a job.

In 2011, Statistics Canada concluded a long-term impact study on post-secondary education, concluding that those who obtained this education found a $7,000 increase in annual salary. This held true even for those who lost their jobs due to the 2008 recession, for most of the participants involved.

Who gets into these education institutions is therefore a considerable factor into social mobility. At the same time, educational institutions . . . [more]

Like most countries around the world, Canada introduced early travel restrictions during the COVID-19 pandemic. These restrictions are necessary to limit the spread of the virus, and become increasingly important as new strains are being identified and also being brought into Canada.

In March 2020, the Canadian government began imposing restrictions on travel, initially to allow for citizens, permanent residents, international students on a valid study permit, transiting passengers, and temporary foreign workers, to enter the country.

By May 2020, foreigners who were exempt from the travel restrictions had to demonstrate that the purpose was for an essential reason. At . . . [more]

In the back pages of comic books, there was often a curious advertisement. One which purported to sell x-ray glasses, which would allow the user to see through things.

Although first patented in 1906, these novelty items simply created an optical illusion and involved no x-rays at all. This didn’t prevent many young readers from purchasing, with the intent of being up to no good. Roger Luckhurst explains in “X-Ray Specs,”

As anyone who spent a dollar (plus postage and packing) on mail order X-Ray Specs came bitterly to learn, Röntgen’s x rays were not involved in

by Lewis Waring, Paralegal, Law Student, Editor, First Reference Inc.

In NK v Botuik (“Botuik”), the Human Rights Tribunal of Ontario (HRTO) awarded a former employee $170,000.00 for sexual harassment and gender discrimination, the second-highest amount of damages ever awarded in Ontario. The employer, in this case, Alan Stewart Homes Limited, owned and operated a number of group homes that served individuals with significant disabilities. Tenants at the employer’s group homes were disabled such that they were unable to live independently and were also incapable of caring for themselves in relation to everyday activities. The employee worked at one of . . . [more]

Three recent Supreme Court of Canada decisions illustrate the very different perspectives or philosophies the judges bring to their consideration of the cases before them. The most recent, CM Callow Inc. v. Zollinger, dealt with the duty of honest performance in contract law, while the other two were concerned with equality issues: Fraser v. Canada (Attorney General), which considered whether the RCMP pension plan discriminated against members (primarily women) who shared jobs, and Ontario (Attorney General) v. G, involving the different treatment of persons found guilty of a sexual offence and those who had committed a sexual . . . [more]

The rights and obligations of workers and employers in the pandemic continue to raise new and novel issues. While many businesses encourage or require their staff to work from home, there are plenty of industries which still require work in-person, especially in deemed essential services (which differ based on jurisdiction).

A particularly challenging area has been long-term care and retirement homes, where several outbreaks have been observed across the country. Not only do these facilities have especially vulnerable residents, but they are often busy and understaffed relative to the work involved and the needs of the facility. Employers continue to . . . [more]

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

Neil Patzwald was an engineer who worked at FMC Corporation from March 2011 to September 2013. His short tenure was marked by multiple lengthy absences for medical reasons, disagreements with his superiors about his abilities and suitability for his position-culminating in an acrimonious end to the employment relationship. Since it became apparent the employee had a disability, the case became centered on the employer’s duty to accommodate Mr. Patzwald. The British Columbia Human Rights Tribunal determined that the company did not discriminate against Mr. Patzwald on the basis of disability contrary . . . [more]

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

In Battiston v Microsoft Canada Inc (“Microsoft”), an employee was wrongfully dismissed because his employer had failed to bring a harsh termination clause to his attention. The Ontario Superior Court of Justice’s decision in Microsoft resulted from a combination of the fact that the clause was relatively harsh as well as the fact that the employer had buried the clause deep within his employment contract and failed to sufficiently notify the employee of its contents.

The employer, in this case, was Microsoft Canada Inc, a subsidiary of Microsoft Corp, a global . . . [more]