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Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1. Labour Pains 2. Double Aspect 3. The Factum 4. Employment & Human Rights Law in Canada 5. First Reference

Labour Pains
Court Declines to Issue Injunction Preventing Terminations for Failure to Adhere to Covid Vaccination Policy – But Employers Beware

What is the court’s power to prevent an employer from terminating an employee’s employment if that worker refuses to adhere to the employer’s mandatory COVID-19 vaccination policy? In Blake v. University Health Network, 2021 ONSC 7139 (CanLII), Justice Sean F. Dunphy said, essentially, “none.” …

Double Aspect
Jurisdiction and the Post-Vavilov Supreme Court: Part I

As I wrote in my newsletter last week, the Supreme Court has an awkward relationship with the concept of “jurisdiction.” There is no more tortuous concept in Canadian administrative law. Vavilov, apparently, was the end to the concept of jurisdiction in Canadian administrative law. Vavilov basically said two things about jurisdiction: …

The Factum
Hot off the Press – Working with Your Legal Aid Lawyer Translations

We’ve rebranded our translated versions of Working with Your Legal Aid Lawyer fact sheet (Arabic, Simplified Chinese, Traditional Chinese, Punjabi, and Spanish). We also have a Farsi version now. This fact sheet outlines the roles and responsibilities of the client and the legal aid lawyer in a balanced way, so they both know what to expect from a legal aid contract. …

Employment & Human Rights Law in Canada
Arbitration Decisions on Mandatory Vaccination Policies

This month has seen arbitral treatment of two mandatory vaccination policies in the context of unionized workplaces. In a grievance brought by the United Food and Commercial Workers Union, Canada, Local 333 against employer Paragon Protection Ltd., the arbitrator found that the employer’s vaccination policy was reasonable. …

First Reference
Do you hire people who can think?

In Auditing that matters (which I strongly recommend for every internal audit practitioner or consultant), I have a chapter on making sure you have the audit team you need. Here is an excerpt from the start of that chapter. It talks about probably the most important skill I needed from every member of my team. …

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*Randomness here is created by Random.org and its list randomizing function.

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