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Archive for ‘Substantive Law’

CASL Private Right of Action Suspended – but CASL Is Still Here

The Canadian government has suspended the CASL private right of action that was to have come into force on July 1. The private right of action (most likely in the form of class actions) would have allowed people to sue anyone for sending spam. Or more accurately for those who violated the technical provisions of CASL.

This is a welcome move. But while we can breathe a sigh of relief that this remedy is gone, CASL still remains in force and must be complied with.

The government’s press release said:

Canadians deserve an effective law that protects them from spam . . . [more]

Posted in: Substantive Law: Legislation

Ontario Court of Appeal Clarifies Requirements for Releasing Unknown Claims

The Ontario Court of Appeal has clarified that “exceptionally comprehensive” language may not be required to release claims that were unknown at the time the release was signed.

A release of a category of claims arising prior to a certain date, does not need to say unknown claims in that category are being released. There is no need to further specify the types of claims. All claims are included – even unanticipated claims – unless specifically excluded.

So says the Court of Appeal in its reasons for decision in Biancaniello v. DMCT LLP, handed down 15 May 2017, reversing . . . [more]

Posted in: Substantive Law: Judicial Decisions

Québec National Assembly Guide on History of the Civil Code

The website of the Québec National Assembly has created a thematic guide to the history of the Civil Code of the province from its origins in France’s Napoleonic Code of 1804 t0 today.

The guide outlines the major amendments and repeals up to and including those affecting the new Civil Code of Quebec that came into force in 1994.

For each change, the guide provides a detailed historical description with associated documents (bills, parliamentary debates, briefs or “mémoires” submitted by stakeholders in front of parliamentary committees etc.)

All the documents mentioned are available from the legislative library of the National . . . [more]

Posted in: Legal Information, Substantive Law: Legislation

Ontario Labour Relations Act Reforms Underway

On June 1, 2017, Bill 148, The Fair Workplaces, Better Jobs Act, 2017 was tabled in legislature. The measures amend the Labour Relations Act and include some of the following:

1. Union certification

  • Establish card-based union certification rather than voting, for the temporary-help agency industry, the building services sector and home-care and community services industry.
  • Make the following changes to the union certification process:
    • Eliminating certain conditions for remedial union certification-allowing unions to more easily get certified when an employer engages in misconduct that contravenes the LRA;
    • Making access to first contract arbitration easier, and also adding an intensive mediation component
. . . [more]
Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation

Ontario’s Occupiers’ Liability Act Abolishes Common Law Duty

When the legislature codifies principles of common law, it can be perceived as a pruning of the living tree, helping to direct the law in growing in a specific direction, and sometimes preventing it from growing in other directions entirely.

The area of occupier’s liability is a perfect example of this. The Supreme Court of Canada conducted an exercise of statutory interpretation over the Occupier’s Liability Act, which was created in 1980, in the 1991 case of Waldick v. Malcolm. At the time, provincial legislatures across Canada were attempting to consolidate this area of law in their respective jurisdictions. . . . [more]

Posted in: Substantive Law: Judicial Decisions

Petition to House of Commons to “Fix” Crown Copyright

University of Alberta Copyright Librarian Amanda Wakaruk is asking people to sign the petition she started to get the Canadian government to fix Crown copyright.

Her text has been shared widely in the past few days on social media and on various librarian discussion lists:

“Canada is one of many countries stating a commitment to Open Government. It is also, conversely, one of a decreasing number of countries to retain a legal provision that gives the government the sole right to reproduce and distribute works produced for public consumption. For example, the vast majority of federal US government works

. . . [more]
Posted in: Legal Information, Substantive Law: Legislation

Upcoming Alberta Employment and Labour Law Changes

After a recent review of Alberta’s employment law, the Alberta government tabled Bill 17, Fair and Family-friendly Workplaces Act on May 24, 2017 to make a number of significant amendments to the Employment Standards Code and Labour Relations Code. If enacted, the majority of changes will take effect January 1, 2018.

Both the Employment Standards Code and Labour Relations Code have not been significantly updated in almost 30 years and according to the Alberta government, the nature of work and family life have changed a lot since then. . . . [more]

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

Ontario Employment Standards Act Reforms Underway

This article was updated June 1, 2017

On May 30, 2017, the Ontario government decided to move forward with some of the 173 recommendations from the Changing Workplace Review final report which includes broad ranging amendments to Ontario’s Employment Standards Act.

At the same time, the government also announced that they will be increasing the minimum wage effective January 1, 2018, which was not included in the report. . . . [more]

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

Changing Workplaces Review Final Report: Sweeping Changes to Ontario Employment Law Coming

On May 23, 2017, the Government of Ontario released the Changing Workplaces Review final report by authors C. Michael Mitchell and John C. Murray. It contains 173 recommendations that recommend significant changes to Ontario employment law aiming to create better workplaces with decent working conditions and widespread compliance with the law. The authors consulted with workers, unions and businesses for two years on a wide range of work-related issues. This was the first independent review in Canada to consider specific legislative changes to both employment standards and labour relations in a single manner.

The following is a brief overview of . . . [more]

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

Table of Concordance for Ontario Child and Family Services Act and Bill 89

Prepared by Windsor Law Student Lois Boateng, this Table of Concordance sets out a side-by-side comparative view of Part III (Child Protection) of the Child and Family Services Act, RSO 1990, c C 11, and Part V (Child Protection) of Bill C-89, An Act to enact the Child, Youth and Family Services Act, 2016, to amend and repeal the Child and Family Services Act and to make related amendments to other Acts (41st Parl, 2nd Sess) Ontario (2017).

A very helpful tool for anyone who is interested in quickly seeing the proposed changes to this Act. . . . [more]

Posted in: Legal Information: Information Management, Substantive Law: Legislation

Texting at the Wheel: Should Police Be Able to Examine Your Phone?

New York State is considering legislation to require drivers involved in auto accidents to allow the police to inspect their mobile phones for signs of recent activity. Presumably signs of such activity would be grounds for charges for driving while distracted, and might lead to evidence to support civil liability as well.

It’s interesting that the technology for detecting such recent activity does not currently exist, but it is being developed as the legislation is working its way through the process.

The developers, the legislators and the police all say that the technology will not permit any review of the . . . [more]

Posted in: Substantive Law: Legislation, Technology, ulc_ecomm_list

Employee Suffering From Alcoholism Reinstated After Unjust Termination

Written wholly by Cristina Lavecchia, Editor at First Reference

The issue in this matter was whether or not the employee was terminated for just cause. It was the employer’s position that it properly terminated the employee for just cause. That is, the employee was absent without leave for a four-week period, the employer attempted to contact the employee to no avail, and the employee failed to contact the employer or provide any information of a medical nature to explain his absence. The Arbitrator in this matter, however, did not quite agree with the employer. In essence, the Arbitrator expressed that . . . [more]

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