Written by Daniel Standing LL.B., Editor, First Reference Inc.

On March 26, 2020, the Supreme Court of Canada granted leave to appeal the decision of the Alberta Court of Appeal in Canada v. Canada North Group Inc., 2019 ABCA 314 (CanLII). The decision canvasses the priority that attaches to money that is borrowed in restructuring proceedings to preserve value in an insolvent company. The decision considered whether these charges rank ahead of other claims that are also granted priority under federal legislation. The issue, therefore, was the relative ranking of “super-priority” court-ordered charges in proceedings under the Companies’ Creditors . . . [more]

Written by Lewis Waring, Paralegal, Student-at-law, Editor, First Reference Inc.

Effects of unionization on the employment relationship

Unions have a variety of significant effects on the employment relationship and greatly affect the rights and obligations of employers and employees. The repercussions of unionization are so significant that the law surrounding unionized workplaces is considered to be an entirely distinct area of law from law surrounding non-unionized workplaces.

One such difference related to unionization is the legal path workers are allowed to take when confronted with a human rights issue in the workplace. In such a case, a non-unionized worker could . . . [more]

To say COVID-19 has sped up the pace of change in employment law is an understatement. Usually it takes months (or even years!) to make changes to Canadian employment legislation, but now we are seeing significant amendments announced and in force on the same day.

In particular, the federal government and most of the provinces have responded to COVID-19 by quickly amending employment standards legislation. Key areas where we have seen changes are: leaves of absence, hours of work and termination of employment. Below is a cross-Canada review of the amendments we have seen since the COVID-19 crisis began.

Leaves

On May 1, 2020, the Prime Minister of Canada announced that semi-automatic, assault-style weapons, would be banned,

These weapons were designed for one purpose and one purpose only: to kill the largest number of people in the shortest amount of time. There is no use and no place for such weapons in Canada.

Effective immediately, it is no longer permitted to buy, sell, transport, import or use military-grade assault weapons in this country.

The full list of the over 1,500 weapons was published in the Canada Gazette, as a regulation to the Criminal Code provisions regarding the terms “non . . . [more]

Written by Lewis Waring, Paralegal, Student-at-law, Editor, First Reference Inc.

In the federally regulated employment sector, working overtime hours is subject to a number of requirements under the Canada Labour Code. Although such legislation requires that any and all overtime work be compensated adequately, even providing such compensation does not ensure that employers in the federally regulated sectors are in compliance with their obligations. In a recent decision, an Ontario court decided an employer’s policy and labour practices regarding overtime hours failed to comply with the Canada Labour Code in a dramatic and broad class-action lawsuit brought by a . . . [more]

From an evidentiary perspective, there are two principled reasons for having a limitations on civil actions. The first form can be found in historical precedents through ex ante statutes of repose, which establish a period of time through which an action must be initiated, barring any action after that time.

The second form is an extension of the common law doctrine of laches, which employs a discoverability rule based on reasonableness. The extent to which due diligence is exerted in this context is usually an important principle. This concept in common law also contained equitable principles that rights require vigilance . . . [more]

Canada has come a long way since the SARS pandemic in 2003. With the outbreak of COVID-19, here is a non-exhaustive overview of some of the ways that pandemics have come up in our legal system.

Keri Gammon makes the argument in the Dalhousie Journal of Legal Studies that given the need for local implementation, provincial jurisdiction for pandemics is still warranted,

In extreme cases, such as where one province fails to act altogether in respect of a  public health emergency, federal jurisdiction may be required if only on a temporary basis. But with respect to

The federal government has now introduced changes to its legislation on medical assistance in dying (MAiD) in response to the Truchon decision. The existing Criminal Code provisions, enacted after the Supreme Court of Canada’s decision in Carter, had been criticised on several grounds, particularly in requiring death to be “reasonably foreseeable” before someone is eligible for medical assistance in dying. The 2019 Quebec Superior Court decision in Truchon held that the foreseeability requirement in the Criminal Code and the parallel Quebec provision in that province’s End-of-Life Care Act are unconstitutional. The government’s Bill C-7 is in response to Truchon . . . [more]

2020 promises to be a busy year in Western and Atlantic provinces with a variety of legislative and regulatory changes impacting employers in various ways. In this article, we provide employers with an overview of some of the key changes that have been announced in Western and Atlantic to assist in compliance. We also mention some changes that employers should anticipate being made in the coming year. . . . [more]

We are almost at the end of the second month of 2020 and have compiled for you a number of upcoming employment and labour law changes and key compliance issues that federally regulated and Ontario employers need to consider in their HR and payroll practices. . . . [more]

I continue to be amazed by the speed with which judicial interpretation of family law statutes evolves, and how that evolution undermines what little certainty those statutes provide to separating parents. As family law lawyers will recall, section 2(1) of the Divorce Act provides that:

“Child of the marriage” means a child of two spouses or former spouses who, at the material time … is the age of majority or over and under their charge but unable, by reason of illness, disability or other cause, to withdraw from their charge or to obtain the necessities of life.

Once upon a . . . [more]

On December 9, 2019, Ontario’s Smarter and Stronger Justice Act, 2019 (Bill 161) received first reading. Bill 161 includes many housekeeping and substantive amendments that will bring welcome changes to the law. But to what extent will it improve access to justice? . . . [more]