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Archive for ‘Substantive Law’

Privacy Torts in the Unionized Context

The tort of intrusion upon seclusion continues to grow and find application in new settings and circumstances, which is what we would expect for a tort created less than 5 years ago.

In Complex Services Inc v Ontario Public Service Employees Union, arbitrator Surdykowski sided with the employer in finding that this new tort dealt with non-legislated and non-contractual rights to privacy. These rights would necessarily be limited in the unionized context.

This holding was summarized in United Food & Commercial Workers, Local 206 v G & K Services Canada Inc as follows,

94. ..An employee does not have

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

Judicial Review vs. Request for Reconsideration

Federal Court published a decision regarding the government’s policy when to reconsider or re-open an application. In his decision, Justice Phelan came down hard on the government’s inflexible guidelines as they lack “common sense and fairness”. This is a very significant decision for immigration practitioners and lawyers who make requests to Visa Officers or other government officials to have their matters reconsidered.

The facts of Lim v. Canada are relatively simple. The Applicant applied for Canadian citizenship, an Officer requested more information via letter but the letter was not received. The application was deemed abandoned and the file closed. When . . . [more]

Posted in: Justice Issues, Substantive Law, Substantive Law: Judicial Decisions

Protection Against Sexual Harassment Now Covered Under OHSA

On March 8, 2016, the Ontario government gave royal assent to the Sexual Violence and Harassment Action Plan Act (Bill 132) to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and other forms of abuse. The Act aims to make workplaces, campuses and communities safer and more responsive to the needs of survivors and to complaints about sexual violence and harassment. . . . [more]

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

No Limitation Period for Continuing Breach of Contract

The Ontario Court of Appeal has reaffirmed that in cases where there is a continuing breach of contract the limitation period for bringing the lawsuit resets each day as the continuing breach continues to occur.

 

The ruling occurred in the context of a commercial leasing dispute. One of the clauses of the lease required the tenant to carry on its business on a continuous basis from the leased premises. Although the tenant continued to pay rent, it failed to operate from the leased premises as required by the lease. The landlord sued the tenant after the end of the . . . [more]

Posted in: Case Comment, Substantive Law

Ontario Human Rights Commission’s Policy Position on Gender-Specific Dress Codes

Written for First Reference by Christina Catenacci, BA, LLB, LLM, and PHD student at the University of Western Ontario

Can you think of a store, restaurant, or bar that appears to require women to wear low-cut tops, short skirts, tight dresses, or high heels when they go to work? Well, it might be wise for those employers to take another look at their dress code policy in light of the Ontario Human Rights Commission position on gender-specific dress code announced on International Women’s Day 2016 and the passing into law of occupational health and safety provisions protecting against workplace sexual . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Substantive Law, Substantive Law: Legislation

Québec Bar Association CAIJ Portal Launches Special Section on Province’s New Code of Civil Procedure

This is a follow-up to the February 1, 2016 post about Background Material on Québec’s New Code of Civil Procedure .

CAIJ, the Centre d’accès à l’information juridique (the network of courthouse law libraries associated with the Québec Bar Association), has created a special section on its website that brings together information about the province’s new Code of Civil Procedure that came into force on January 1, 2016.

The Code underwent a major overhaul that aims to reduce delays in the justice system by giving priority to amicable dispute resolution processes such as mediation, arbitration and conciliation, and by increasing . . . [more]

Posted in: Justice Issues, Substantive Law: Legislation

Guidelines to Develop Whistleblowing System

The CSA Group (formerly the Canadian Standards Association) with the assistance of the nationally based law firm Grant Thornton LLP has developed a free guide to help organizations develop and maintain a whistleblowing system with the goal to encourage workers to report ethical and safety issues within an established mechanism. Reported issues include suspected tax fraud, accounting fraud, corporate fraud, insider trading, health and safety issues and other serious offenses. . . . [more]

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

Effective Start Date of ORPP Delayed

In a previous Slaw blog post, we discussed the Ontario government’s establishment of the Ontario Retirement Pension Plan (ORPP) by January 1, 2017 with enrollment starting in 2016. On February 16, 2016, the Ontario government announced that they have decided to delay the effective start date of the Ontario Retirement Pension Plan (ORPP) after entering into an agreement with the federal government that would allow for time to find a solution to individual Canadian pension shortfalls and a possible enhancement to the CPP. This entails: . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation

T.V. Show Prompts Plaintiff to Try to Re-Open Case: Pt II

About a year and a half ago I wrote a post about a plaintiff, Mr. Mehedi, who believed that he was scammed. The facts of the case are summarized in my prior post.

 

Mr. Mehedi lost at trial and then the Court of Appeal dismissed his appeal. About a month after his appeal was dismissed, Mr. Mehedi saw a segment on CBC’s Marketplace which purportedly exposed the scam to which he had fallen victim.

 

Mr. Mehedi attempted to have his trial re-opened so that he could use the CBC Marketplace segment as fresh evidence. He was directed . . . [more]

Posted in: Case Comment, Substantive Law

The High Cost of Public Interest Litigation

Despite all the bad publicity, many lawyers are the unsung heroes of society. We fight the good fight, often unrecognized by any of those around us, and receive no thanks from the recipients of our hard work.

The Federal Court of Appeal released a decision this month in Galati v. Harper, denying the appeal of a 2014 decision which had denied substantial indemnity costs in the constitutional litigation surrounding the Justice Nadon appointment to the Supreme Court. Justice Zinn fixed the costs at a mere $5,000, on a bill of costs for a total of $68,475.74.

The application had . . . [more]

Posted in: Substantive Law: Judicial Decisions

Paying the Price for Not Providing Reasonable Notice and the Manner of Termination

In the case of Armstrong v Lendon, the Ontario Superior Court of Justice concluded that the employer had to pay 21 months of reasonable notice plus aggravated damages for the manner of termination which caused humiliation, embarrassment and the loss of self-esteem. The court did not buy the employer’s argument that there was just cause for the termination, especially since the allegations for cause were made after the fact. . . . [more]

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

Ontario Retirement Pension Plan: It’s Coming!

With the Ontario Retirement Pension Plan Act, 2015 now in force, the Ontario government is moving ahead to establish the ORPP by January 1, 2017. The ORPP is a made-in-Ontario alternative to a Canada Pension Plan (CPP) enhancement.

The plan is needed according to the government because many Ontarians, including middle- and higher-income earners, may not be saving enough to ensure comparable standards of living in retirement.

The ORPP is mandatory for employers without a comparable workplace pension plan. Employers who already offer a comparable workplace pension plan will not be required to participate in the ORPP. All workers must . . . [more]

Posted in: Substantive Law, Substantive Law: Legislation