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Archive for ‘Substantive Law’

26 Months’ Notice Awarded to Dependent Contractors

In Keenan v Canac Kitchens, the Ontario Superior Court of Justice concluded that two workers were owed termination notice by their employer because they were not independent contractors as the employer tried to argue, but rather dependent contractors as the evidence showed. Therefore, the employer did owe them termination notice. . . . [more]

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

Be Careful of Being Too Critical of the Trial Judge

In an appeal, everyone who has lost a case has sometimes felt the urge to viscerally complain about some aspect of the decision.

A recent decision of the Quebec Court of Appeal reminds us of the importance of making tempered criticism of the trial judge. Overstated criticism can even affect the overall credibility of an argument. In Dunkin Brands Canada Ltd. v. Bertico Inc., the Court of Appeal began its reasons with a dissection of the language used by the appellant in the factum, referring to “gross errors of law”, evidence that was “almost completely ignored” and “blatant” mistakes . . . [more]

Posted in: Substantive Law, Substantive Law: Judicial Decisions

Federal Budget 2015–16: Measures of Interest to Employers

Federal Minister of Finance Joe Oliver tabled Economic Action Plan 2015 (Budget 2015–16) on April 21, 2015. The Canadian government’s balanced budget proposes a low-tax plan for jobs, growth and security, and projects a surplus of $1.4 billion in 2015–16. There are no individual tax rate or tax bracket changes in this budget. Highlights of the budget of interest to employers and payroll specialists include the following.

Modernizing the Canada Labour Code

Budget 2015 proposes to introduce amendments to the Canada Labour Code (CLC), which applies to federally regulated employers. These amendments would:

  • Add protections for paid and unpaid interns,
. . . [more]
Posted in: Miscellaneous, Substantive Law, Substantive Law: Legislation

The Real Incivility Case to Watch

Perhaps the best way to raise awareness of the 2015 Bencher Elections is to highlight what the function of the law society is. The LSUC website states,

The main function of the Law Society of Upper Canada is to ensure that all persons who practise law or provide legal services in Ontario are competent, follow proper procedures and behave ethically.

Ethical behaviour is generally interpreted through the lens of the Rules of Professional Conduct, and is one of the main disciplinary functions of the law society. Discipline, though rarely pleasant, is one of the necessary components of self-regulation. Understandably . . . [more]

Posted in: Case Comment, Substantive Law: Judicial Decisions

Of Prima Facie Discrimination and Humanizing the Street Homeless

The long-dead brains of history are still quite handy when you need to brandish something with rhetorical flourish—Plato, Aristotle, Shakespeare, Milton, Locke, Adam Smith, John Stuart Mill are some obvious choices. But it’s rare that a quote at the head of a judgement is as good as what BC Supreme Court Justice Sharma gave us this past Friday in Vancouver Area Network of Drug Users v. British Columbia Human Rights Tribunal. Here’s how the reasons begin:

“Near the end of the 19th Century, the poet, author and Nobel laureate Antole France composed this oft-cited saying: ‘[t]he law in its

. . . [more]
Posted in: Case Comment, Justice Issues, Substantive Law: Judicial Decisions

Commissioners of Oaths in Alberta Have New Rules

Waaaay back in 2013 there was an Alberta Bill passed that consolidated the Notaries Public Act and the Commissioners for Oaths Act. These two pieces of legislation are in place to make the rules for notarizing and commissioning documents clear and to provide a way to deal with any problems that crop up, among other things. The Notaries and Commissioners Act SA 2013, N-5.5 will come into force on April 30, 2015.

All notaries in Alberta are also commissioners, so combining the legislation makes sense.

The new legislation does contain some changes for commissioners:

Old legislation: commissioners appointments (if . . . [more]

Posted in: Substantive Law: Legislation

Court Confirms Homeowners Lose Warranty Rights Upon Sale of House

A panel of three Divisional Court Judges have affirmed that when a homeowner sells their home, they lose their standing to maintain a Tarion warranty claim under the Ontario New Home Warranties Plan Act (the “Act”).

Ms. Blair took possession of her new condominium townhome in February, 2010. Thereafter she made a complaint to Tarion about insufficient heating in the home. Ultimately, Tarion ordered that duct modification work was required in all nine townhouse units in the complex.

Ms. Blair installed a gas fireplace in her home without Tarion’s approval (to address the heating issue) and claimed compensation for the . . . [more]

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

Addressing Sexual Violence and Harassment in Workplaces

On March 6, 2015, the Ontario government published its action plan aimed at addressing sexual violence and harassment in the province. “It’s Never Okay: An Action Plan to Stop Sexual Violence and Harassment” recommends changes to the Occupational Health and Safety Act (OHSA) to deal with workplace sexual harassment prevention and training. . . . [more]

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

Is Your Logo Favicon Friendly?

A favicon is the small image that you see beside a web address in a browser tab. Similar images are sometimes used with social media names. Slaw, for example, uses as a favicon “Sl” in a particular font, Harrison Pensa uses its “HP” design (which, by the way, is a registered trademark), and my own blog uses my initials.

Because they are so small, they must be simple. If someone has a simple logo to begin with, it might be usable as is. But more complex logos won’t work. They need to be simplified, or edited so only a portion . . . [more]

Posted in: Substantive Law, Technology

UK – “Serious Crimes” to Cybersecurity

The United Kingdom has recently passed the Serious Crimes Act, 2015.

Part 2 of the Act makes several amendments to the Computer Misuse Act 1990 (“CMA”), including:

………..

– a new offence of unauthorised acts in relation to a computer that result either directly, or indirectly, in serious damage in any country to the economy, environment, national security or human welfare, or create a significant risk of such things. The offence will carry a maximum sentence of life imprisonment for some categories of cyberattack. A person is guilty of the offence if they, at the time of commission, are aware . . . [more]

Posted in: Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, ulc_ecomm_list

G20 Decision by Ontario Court of Appeal Illustrates the Power of Video

Many Canadian cities are debating the use of body cameras by police and the privacy impacts involved. The Toronto police have started a pilot project.

A recent decision of the Ontario Court of Appeal relating to the G20 protests illustrates the power of video: six paragraphs of the Court’s decision describe a YouTube video (which appears to be here). The Court noted the video had been viewed more than 100,000 times and was viewed by the application judge and by the panel of the Court of Appeal. The Court concluded that police violated the right to travel unimpeded . . . [more]

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

Assisted Reproduction After Death

The Alberta Law Reform Institute recently released their Final Report 106 Assisted Reproduction After Death: Parentage and Implications.

My daughters, lovely irreverent young women that they are, sometimes joke about which one of them will stay on our farmette and look after the oldies (referring to my husband and I) in order to inherit. What if we had some medical assistance in achieving parenthood, stored some embryos, one of us passed on, and the other wished to have a child after the death of a genetic parent? This scenario is completely feasible and possible and there are broad implications . . . [more]

Posted in: Justice Issues, Substantive Law