An Ontario pathologist who was arrested on terrorism charges was acquitted today in R. v. Sher.

Dr. Khurrum Sher, a graduate of McGill University who was working at St. Thomas Elgin General Hospital in St. Thomas, Ont., visited the home of his co-accused on July 20, 2010. During this visit, his host and another guest engaged in a protracted discussion about violent terrorist activity.

The accused was present throughout the discussion, did not appear to vigorously object to their plans, and at its conclusion appears to pledge his allegiance to them. He was friends with the host of the . . . [more]

Current and “wannabe” litigators practising (or hoping to practise) in the medical negligence area would do well to read, and consider, what happened, and why, in the just released Briante v. Vancouver Island Health Authority, 2014 BCSC 1511. Regardless of one’s position on the legal validity of the result, the result is a reminder (for those old enough to remember, or otherwise be aware of) of these statements and calls for reform (outside of the tort system) in cases such as Ferguson v Hamilton Civic Hospitals (1983), 40 OR (2d) 577, 1983 CanLII 1724 (ON SC) aff’d (1985) . . . [more]

While the headline to this post shouldn’t be a surprise to anyone, it has made headlines. In a recent decision, the Court of Appeal of Ontario rejected claims that requiring potential Canadian citizens to swear an oath to Her Majesty was unconstitutional and reaffirmed that because Canada is a constitutional monarchy, it is acceptable to be required to verbally ascribe to what the Monarch represents. For those of us who are history geeks (me) and monarchists (also me), the decision is a fascinating read. It discusses our history, our Queen (she is the Queen of Canada) and . . . [more]

The Supreme Court of Canada has released its decision in the case of the unions’ constitutional challenge to the government’s use of employment insurance surpluses.

Sattva Capital Corp. v. Creston Moly Corp, 2014 SCC 53

will change existing practice (necessarily outside of Quebec civil law cases: I leave the effect on civil law to others) where the central appellate issue is the meaning of the contract.

From the headnote:

The historical approach according to which determining the legal rights and obligations of the parties under a written contract was considered a question of law should be abandoned. Contractual interpretation involves issues of mixed fact and law as it is an exercise in which the principles of contractual interpretation are applied to the words of the

. . . [more]

On July 25, 2014, the Supreme Court of Canada released its decision in Quebec (Commission des normes du travail) v. Asphalte Desjardins inc., on the issue of whether an employer who receives a notice of termination from an employee can terminate the contract of employment before the notice period expires without in turn having to give notice of termination or pay in lieu of such notice.

In a surprising decision, the Supreme Court of Canada reversed the Quebec Court of Appeal (QCA) last week in a decision regarding the provision and payment of “reasonable notice” on resignation. In the original QCA decision, the Court held that when an employee resigns and provides notice, the employer is free to forgo the notice period and let the employee leave immediately, without payment. This is different than in any of the common law provinces which would require the employer to pay out the common law “reasonable notice” or previously agreed upon contractual notice. While acknowledging that this may . . . [more]

A recent decision of the Court of Justice of the European Union found that the Dutch immigration authorities were not required to give a person access to a legal opinion about the person’s immigration status, though the opinion contained personal information about the person. Here is a story about the decision. Giving a summary of the personal information contained in the opinion was sufficient to comply with the obligation under the EU Privacy Directive to let people see the personal information about themselves.

Would such a request have a similar outcome in Canada, or would PIPEDA provide a separate . . . [more]

The Supreme Court of Canada has ruled that Wal-Mart Canada Corp. violated Quebec’s labour laws when it shut a store in Jonquière almost a decade ago, just after its employees organized a union.

We’ve all had experience with vexatious employees (not to mention vexatious colleagues) but we employment and labour lawyers often deal with vexatious litigants who happen to be former or current employees. I’ve personally had experience with employees filing similar claims for similar incidents before the Human Rights Tribunal, Superior Court, the Workers’ Compensation Board and the Employment Standards Office. These claims can often by filed for free or minimal charge to the employee but generate huge cost for employers. Additonally, employees (particularly those who are self-represented) often file multiple pointless motions with each of those forums.

Thankfully, as chronicled here . . . [more]

Here out west you’ll find a “Beads and Granola” culture (thank you, Douglas Coupland), where our mild work ethic, sea-to-sky nature and hospitable year-round climate lures would-be lotus eaters from across the vast confederation. British Columbia’s fresh air and crisp scenery encourages outdoor activities of all kinds. Even our roadways are a balmy, unblemished asphalt invitation for physical enjoyment through bicycling.

So it’s somewhat surprising that despite a progressive vibe, BC’s cycling laws are among the least friendly in the country.

Even as BC’s capitol city boasts astonishing commuter stats—at 5.9% Victoria has basically three times more bike commuters . . . [more]

Quebec's new government wants to ensure that all farm workers have the right to unionize and collectively negotiate working conditions with their employers. Minister of Labour Sam Hamad has introduced Bill 8, An Act to amend the Labour Code with respect to certain employees of farming businesses, which would require small farms to let a union represent their employees.