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Archive for ‘Substantive Law: Legislation’

New PIPEDA Breach Requirement Form

The Personal Information Protection and Electronic Documents Act (PIPEDA) has been Canada’s most significant legislative attempt to deal with privacy issues in society. The new Regulations under the Digital Privacy Act, which create privacy breach recording obligations, came into force on Nov. 1, 2018.

Although the Privacy Commissioner has provided guidance on these amendments previously, the guidance document was updated further on Oct. 29, 2018, along with a new form for reporting a privacy breach. The guidance form was finalized following 20 submissions from various sectors on the draft document.

Despite these changes, the Privacy Commissioner has noted . . . [more]

Posted in: Substantive Law: Legislation

Bill Tabled to Repeal Ontario Liberal Labour Law Reforms

On October 23, 2018, the Conservative Ontario government tabled Bill 47, Making Ontario Open for Business Act, 2018 to repeal certain amendments made by the Fair Workplaces, Better Jobs Act, 2017 (introduced as Bill 148) that introduced reforms and more job protections under the Employment Standards Act and Labour Relations Act. In addition, Bill 47 repeals Ontario Regulation 375/18 dealing with public holiday pay and makes changes to the apprenticeship program.

Bill 47 is divided into three parts. Schedule 1 deals with changes to the Employment Standards Act, schedule 2 deals with changes to the Labour Relations Act . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Ontario Bill Tabled to Repeal Liberal Employment Standards Reforms

On October 23, 2018, the Conservative Ontario government tabled Bill 47, Making Ontario Open for Business Act, 2018 to repeal certain amendments made by the Fair Workplaces, Better Jobs Act, 2017 (introduced as Bill 148) that implemented reforms and more job protections under the Employment Standards Act and Labour Relations Act. In addition, Bill 47 repeals Ontario Regulation 375/18 dealing with public holiday pay and makes changes to the apprenticeship program.

Bill 47 is divided into three parts. Schedule 1 deals with changes to the Employment Standards Act, schedule 2 deals with changes to the Labour Relations Act . . . [more]

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

Still More on Electronic Wills

Here are some further thoughts on how Canada might authorize electronic wills. Perhaps the Uniform Law Conference of Canada could use them in the mix of policy proposals when and if it takes up the topic, as it is almost bound to do sooner or later – as companion jurisdictions move towards law reform.

Speaking of those jurisdictions:

• In July, 2018, the Uniform Law Commission in the US gave first reading to its Uniform Electronic Wills Act. No further draft has been released to follow up on the discussion. The developments in that project so far are online at

. . . [more]
Posted in: Substantive Law, Substantive Law: Legislation, Technology, ulc_ecomm_list

Careful, Lawyer’s Communications Are Not Always Protected

The Ontario Superior Court of Justice recently found that the communications and conduct of the employer’s lawyer regarding sexual harassment investigation were not privileged and could be referred to in the employee’s Statement of Claim in the litigation against the employer

What happened?

A long-service employee (employed since 2002), while being placed on a performance improvement plan (PIP), raised allegations that her supervisor was bullying and sexually harassing her. In response, her employer:

  • Conducted an investigation but failed to interview the complainant employee during this process;
  • Concluded that the claims were unsubstantiated.
. . . [more]
Posted in: Case Comment, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Highlights From Ontario’s New Proposed Cannabis Legislation

Last week the Ontario government announced a radical change to the manner in which cannabis will be sold and consumed in the Province of Ontario.

Highlights of the announcement, which was initially made by Ontario Finance Minister Vic Fedeli and Attorney General Caroline Mulroney, and followed by the introduction of Bill 36, An Act to enact a new Act and make amendments to various other Acts respecting the use and sale of cannabis and vapour products in Ontario (or the “Cannabis Statute Law Amendment Act, 2018” for short), include the following:

Timeline for Implementation

The government confirmed that when legalization . . . [more]

Posted in: Substantive Law: Legislation

Criminal Conviction or Incarceration Does Not Justify Termination

The Administrative Labour Tribunal in Quebec recently held that an employer cannot terminate a worker with a criminal conviction for acts of sexual abuse as it constitutes discrimination based on criminal records. Moreover, the nature of the criminal offence does not automatically justify the dismissal of an employee. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

Copyright Notice & Notice Is Flawed

You may have read about the Supreme Court of Canada deciding Rogers can be paid its costs for telling a copyright owner the identity of movie downloading customers. What isn’t talked about is the notice and notice system that puts this in motion.

A summary of the Rogers v Voltage decision is here. Omar has written about this on Slaw as well.

This is a complex and controversial issue. The essence is that sections 41.25 and 41.26 of the Copyright Act allow the owner of a copyright (eg a movie studio) to create a notice to send to people . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

Recent Publications of the Canadian Research Institute for Law and the Family

The Canadian Research Institute for Law and the Family, an independent organization affiliated with the University of Calgary, closed on 31 August 2018. The closure of the Institute is somewhat of a national tragedy, given that it was one of the very few organizations conducting empirical research on family law, justice processes and access to justice in Canada, and was the inevitable result of today’s singularly infelicitous funding climate.

The Institute has conducted some remarkable, innovative and often ground-breaking work over the 31 years of its existence. Highlights include some of the first work on the financial consequences of . . . [more]

Posted in: Justice Issues, Legal Information: Libraries & Research, Practice of Law, Substantive Law: Legislation

When Does the Limitation Period for a Wrongful Dismissal Claim Start?

In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation

When Does the Limitation Period for a Wrongful Dismissal Claim Start?

In a recent decision, the Ontario Court of Appeal clarified that the limitation period for a wrongful dismissal claim does not start at the end of employment, but rather as soon as working notice is provided. . . . [more]

Posted in: Case Comment, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation