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Archive for ‘Substantive Law: Legislation’

Could Capping Billables Force Work-Life Balance?

Before the pandemic, many lawyers may have longed for more flexible time, and the ability to work more from home.

The past year and a half may have challenged those professed goals, especially for those who have other responsibilities or distractions in the home. Working from home does not necessarily mean more personal time, and it does not necessarily mean that there will be less work.

As lawyers slowly make their way back to the office, they’re also revisiting the perpetual struggle to find enough time for self-care and care of others. One of the ideas that has started to . . . [more]

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

Top Court in British Columbia Clarifies Law on Distracted Driving

Written by Daniel Standing LLB., Editor at First Reference Inc.

According to Transport Canada, distracted driving happens when the driver’s attention is taken from the road and is focused on something else, like texting, talking to someone in the car or on the phone, eating or drinking, or using the entertainment or navigation system. It is a serious problem; statistics in the National Collision Database reveal that distracted driving contributed to an estimated 21 percent of fatal collisions and 27 percent of serious injury collisions in 2016. In response to the threat posed by distracted driving, all Canadian jurisdictions introduced . . . [more]

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

Accommodating Employees With Disabilities: What You Don’t Know Can Hurt You!

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

Employers of workers with disabilities need to know the ins and outs of their duty to accommodate. The law intends the accommodation process to be collaborative, allowing the employer, union and employee the ability to make suggestions, compromise and, hopefully, arrive at a mutually agreeable solution. In Singh v Dodd’s Furniture (No. 2), 2021 BCHRT 85, the British Columbia Human Rights Tribunal found that a furniture store discriminated against its worker after it received some bad advice about how to go about accommodating him. The furniture store made an “ill-informed . . . [more]

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

The Agricultural Employees Protection Act: How Much Protection?

In my last post, I considered the Ontario Agricultural, Food and Rural Affairs Appeal Tribunal’s (“AFRAAT) and Ontario Divisional Court’s rejection of the United Food and Commercial Workers International Union’s (“UFCW”) constitutional challenge to the Agricultural Employees Protection Act (“AEPA”). Here I argue that the AFRAAT and the Divisional Court have reinforced the distinctions between the AEPA and the Labour Relations Act, 1995 (“LRA”). In doing so, they refused the Supreme Court of Canada’s invitation in Fraser to be flexible in their interpretation of the AEPA. . . . [more]

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

Constitutionality of the Agricultural Employees Protection Act: Round Two

INTRODUCTION

The Supreme Court of Canada in Fraser concluded that, with the minor adjustment of reading in an additional provision, the Ontario Agricultural Employees Protection Act (“AEPA”) is constitutional. In UFCW v. MedReleaf Corp. Phase 2 (“MedReleaf”), the Ontario Agricultural, Food and Rural Affairs Tribunal (“the Tribunal”) concluded that the caselaw since then does not warrant a different outcome. The recent Divisional Court decision in United Food and Commercial Workers International Union v. Aurora Cannabis Enterprises Inc. (“Aurora”) upheld the Tribunal’s decision.

The United Farm and Commercial Workers International Union (“UFCW”) had also brought complaints about MedReleaf’s conduct during the . . . [more]

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

Review of Bill C-30 HR and Payroll Measures

On June 29, 2021, the Budget Implementation Act, 2021, No. 1, (introduced as Bill C-30) received royal assent in the Senate and is now law. Provisions in the new law will come into force at various dates and by proclamation. The new law allows the creation of the Canada Recovery Hiring Program, the extended Canada Emergency Wage Subsidy to September 25, 2021, and other HR and payroll measures explained in this article. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

Defining Aboriginal Peoples of Canada to Include Non-Canadians

While Canada wrestles with the mounting tolls of historic deaths at residential schools, many are reconsidering how to celebrate Canada Day on July 1, 2021. There are calls for an independent probe, and even for criminal charges to be laid.

The upside is that this might be Canada’s moment of reconciliation, with unprecedented interest in the Truth and Reconciliation Commission. Accepting the realities of this past may be the first steps to creating a better future.

How the legal system deals with these issues is equally challenging, as illustrated by the Supreme Court of Canada’s decision earlier . . . [more]

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

How Far Can We Go Before the Constitutional Bargain Is Undermined?

The Quebec Government’s An Act respecting French, the official and common language of Québec (Bill 96), has generated considerable controversy over whether a province is able to make significant constitutional changes to its status and the use of the French and English languages unilaterally. It also raises the question of whether, if enacted and the constitution is amended, it will undermine the very architecture of the 1867 constitutional “deal” that united the original four members of confederation and subsequently the rest of the provinces. The answers to these two interrelated questions could have momentous ramifications for Canada. . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

The Employer Post-Dismissal Release Repudiated Contract

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

In Peretta v Rand v Technology Corporation (“Perretta”), an employer repudiated an employment contract by insisting that a new term be added after the contract had already come into effect. The reason that the employer’s insistence on adding a new term resulted in the repudiation of the contract was that the new term was so important that the employer’s attempt to force the employee to agree to it showed an intention to not be bound by the original contract. . . . [more]

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

Proposed Rules Under the Legal Aid Services Act, 2020: Impact on Community Legal Clinics

In July 2020, the Ontario Legislative Assembly enacted new legislation governing the provision of legal aid in the province, Legal Aid Services Act, 2020 (“2020 Act”). The legislation does not come into force until it has been proclaimed by the Lieutenant-Governor and that won’t happen until new rules have been finalized. The board of Legal Aid Ontario (LAO) (called “the Corporation” under the 2020 Act) has the authority under section 46 of the 2020 Act to make rules governing the provision of legal aid. The proposed rules are currently available for comment on Legal Aid Ontario’s website (more on that . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

No Expectation of Perfection in Taking Reasonable Precautions Under OHSA

By Daniel Standing LL.B., Editor, HRinfodesk

Sometimes just doing enough is insufficient. In a nutshell, this was the decision of the Ontario Labour Relations Board in Liquor Control Board of Ontario v Ontario Public Service Employees Union, 2021 CanLII 15607 (ON LRB) when it ruled on the employer’s measures in combatting COVID-19, which were deemed insufficient by a health and safety investigator. . . . [more]

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

Corporate Directors Dragged Into Wrongful Dismissal Fight

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

At first glance, Abbasbayli v Fiera Foods Company, 2021 ONCA 95 appears to be concerned mainly with the law around striking pleadings. On further analysis, however, it offers important advice to employers on the matter of personal liability of corporate directors. . . . [more]

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