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Archive for ‘Substantive Law: Legislation’

The Pandemic Exceptions to Limitations

From an evidentiary perspective, there are two principled reasons for having a limitations on civil actions. The first form can be found in historical precedents through ex ante statutes of repose, which establish a period of time through which an action must be initiated, barring any action after that time.

The second form is an extension of the common law doctrine of laches, which employs a discoverability rule based on reasonableness. The extent to which due diligence is exerted in this context is usually an important principle. This concept in common law also contained equitable principles that rights require vigilance . . . [more]

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

A Tour Through Pandemic Law for COVID-19

Canada has come a long way since the SARS pandemic in 2003. With the outbreak of COVID-19, here is a non-exhaustive overview of some of the ways that pandemics have come up in our legal system.

Keri Gammon makes the argument in the Dalhousie Journal of Legal Studies that given the need for local implementation, provincial jurisdiction for pandemics is still warranted,

In extreme cases, such as where one province fails to act altogether in respect of a  public health emergency, federal jurisdiction may be required if only on a temporary basis. But with respect to

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

Maybe Bill C-7 Meets the Letter of the Law, but Does It Meet the Spirit?

The federal government has now introduced changes to its legislation on medical assistance in dying (MAiD) in response to the Truchon decision. The existing Criminal Code provisions, enacted after the Supreme Court of Canada’s decision in Carter, had been criticised on several grounds, particularly in requiring death to be “reasonably foreseeable” before someone is eligible for medical assistance in dying. The 2019 Quebec Superior Court decision in Truchon held that the foreseeability requirement in the Criminal Code and the parallel Quebec provision in that province’s End-of-Life Care Act are unconstitutional. The government’s Bill C-7 is in response to Truchon . . . [more]

Posted in: Substantive Law: Legislation

Brief Guide to Western and Atlantic Employment Law Changes in 2020

2020 promises to be a busy year in Western and Atlantic provinces with a variety of legislative and regulatory changes impacting employers in various ways. In this article, we provide employers with an overview of some of the key changes that have been announced in Western and Atlantic to assist in compliance. We also mention some changes that employers should anticipate being made in the coming year. . . . [more]

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

Welcome to 2020: A Federal and Ontario Employment and Labour Law Summary

We are almost at the end of the second month of 2020 and have compiled for you a number of upcoming employment and labour law changes and key compliance issues that federally regulated and Ontario employers need to consider in their HR and payroll practices. . . . [more]

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

The Expanding Meaning of “Other Cause”: Support Entitlement Beyond the Age of Majority

I continue to be amazed by the speed with which judicial interpretation of family law statutes evolves, and how that evolution undermines what little certainty those statutes provide to separating parents. As family law lawyers will recall, section 2(1) of the Divorce Act provides that:

“Child of the marriage” means a child of two spouses or former spouses who, at the material time … is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.

Once upon a . . . [more]

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

Alberta Fair Registration Practices of Regulatory Bodies Proclaimed in Force

The Alberta Fair Registration Practices Act is proclaimed in force on March 1, 2020, to speed up the process of newcomers getting their credentials recognized so they can work in the careers they trained for, and remove unfair barriers. . . . [more]

Posted in: Education & Training, Justice Issues, Legal Information, Practice of Law, Practice of Law: Future of Practice, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Unofficial Consolidated Divorce Act Available

There is, as yet, no official consolidation of the current Divorce Act and Bill C-78 as passed by Parliament, and I understand that one isn’t likely to be coming soon. This isn’t a problem for many, but it is a problem for me and for anyone else who produces public and professional legal education materials.

Since the changes are coming into effect on 1 July 2020, just five short months from the date of writing, I’m taking the opportunity the amendments suggest and rewriting the Clicklaw wikibook JP Boyd on Family Law from stem to stern, and, well, a consolidation . . . [more]

Posted in: Legal Information, Substantive Law: Legislation

R. v. Chouhan: The Reasonable Person Test and Application of the Amendments

After a jury found Gerald Stanley not guilty of second-degree murder in the shooting death of Colten Boushie, the federal government amended the Criminal Code to eliminate peremptory challenges in the selection of juries, as well as a change in the trier of challenges for cause. Judges took different views about whether this change was prospective or retrospective. As the Ontario Court of Appeal has now ruled on this matter in Chouhan, many cases, decided on the wrong side of the issue, are likely to be appealed. Indeed at least one, an individual convicted for sexual assault, already . . . [more]

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

Federal Accessible Transportation Regulation

The federal Accessible Transportation for Persons with Disabilities Regulations (ATPDR) was registered under the federal Accessible Canada Act (ACA) on June 25, 2019. Most provisions of the ATPDR will come into force on June 25, 2020, while other more complex requirements (i.e., self-serve kiosks) will be phased in over three years (June 25, 2020, June 25, 2021 and June 25, 2022). This is the only accessibility standard currently registered under the ACA. . . . [more]

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

The Federal Duty of Workplace Inspection: Reasonableness and Workplace Control

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

In Canada Post Corp v Canadian Union of Postal Workers, 2019 SCC 67 (“Canada Post”), the Supreme Court of Canada (“Court”) limited federally regulated employers’ duty to conduct safety inspections. Namely, the Court found that such employers only had a duty to inspect in workplaces over which they exercise control. Canada Post was an application of judicial review of a decision by the Occupational Health and Safety Tribunal of Canada (“OHSTC”). The rule-at-issue was Canada Labour Code, RSC 1985, c L-2, Part II, s 125(1)(z. 12) (“CLC”), which . . . [more]

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