Earlier this month, the Ontario Court of Appeal affirmed a broad view of public interest standing in Alford v. Canada (Attorney General) when it reversed a trial level decision denying Alford standing to challenge as unconstitutional a particular provision of the National Security and Intelligence Committee of Parliamentarians Act. . . . [more]

Lawyers can sometimes be mundane in their construction of contracts, the the point where their scrutiny can appear pointless. Beyond just the contents, there is endless amount of time spent on syntax, grammar, and even punctuation.

There might be good reason for this, as the interpretation of these contracts can have a significant impact. A recent American cases focusing on commas has illustrated this quite clearly. In O’Connor v. Oakhurst Dairy, the United States Court of Appeals For the First Circuit held that delivery drivers of a dairy company in Maine fell into an overtime exemption under the state’s . . . [more]

On July 29, 2019, certain provisions of the Budget Implementation Act 2017, No.1 (introduced as Bill C-44) came into force. The new law streamlines the dispute resolution process under the Canada Labour Code in federally regulated workplaces by transferring adjudicative functions under the Employment and Social Development Canada – Labour Program to the Canada Industrial Relations Board (CIRB).

This transfer impacts: . . . [more]

The Conflict of Interest Act (the “Act”) is likely one of the most reviewed pieces of legislation this week, as a result of the release of the the Trudeau II Report. The characterizations of the Report, and the underlying lessons that may be gleaned, risk being lost to partisan narratives absent close scrutiny.

The history of attempts to define rules around conflicts of interest go back to at least the 1970s, but despite several discussion papers, task forces, committees, inquiries, and reports, very little was actually achieved for over three decades.

The first of these was a green paper introduced . . . [more]

A previous Slaw article (which you can read here) discussed the recent British Columbia Court of Appeal decision that confirmed that the stringent test set out in Health Sciences Assoc of BC v Campbell River and North Island Transition Society (Campbell River) to determine if there was a duty to accommodate based on family status and if there is a prima facie case of discrimination based on family status, continues to be the applicable test in British Columbia.

Since this decision, the employee was seeking leave to appeal to the Supreme Court of Canada to address the inconsistency in . . . [more]

The Ontario Court of Appeal has ruled that an employee had the right to unilaterally revoke her notice of resignation due to changing circumstances, and was wrongfully dismissed when her employer would not allow her to do so.

Quick facts

December 31, 2016, a 64-year-old employee resigned after her employer said it would be implementing a new computer system, citing her concern with learning a new system. The employee’s supervisor offered the employee an opportunity to reconsider and told the employee she could revoke the notice if she changed her mind.

On October 11, 2016, the employer announced it wouldn’t . . . [more]

Corporations are essential to the modern economy. They allow for the organization and strategic application of capital in focused manner that allows for wealth to grow, and have been a fundamental legal innovation for the emergence of the capitalist economy.

Of course, corporations as legal entities are a legal fiction that converts what would otherwise be a piece of property into a party with its own free-standing rights. These rights are limited, however, and continue to be defined.

The Court in cases like Irwin Toy Ltd. v. Quebec and British Columbia Securities Commission v. Branch confirmed that although they enjoy . . . [more]

A recent British Columbia Court of Appeal decision confirmed that the stringent test set out in Health Sciences Assoc of BC v Campbell River and North Island Transition Society (B.C.C.A., 2004 “Campbell River“) to determine if there was a duty to accommodate based on family status and if there is a prima facie case of discrimination based on family status, continues to be the applicable test in British Columbia. . . . [more]

The Law School Admission Test (LSAT) is a standardized test administered by the American-based Law School Admission Council (LSAC), and is one of the most ubiquitous criteria for law school admissions across North America, including at Canadian law schools. Its use is not without controversy or its detractors, and there are some unique challenges that emerge in administering the LSAT in the context of applicants with medical disabilities.

The LSAT is notably not used in numerous law schools overseas. The Fairness Commissioner confirms that the number of internationally trained lawyers has risen from 7% in 2005, to over a third . . . [more]

The Ontario Court of Appeal recently held in Petersoo v. Petersoo that a family law arbitrator should not ensure that a represented party is aware of an issue that is raised in the arbitration. This contrasts with Moore v. Apollo Health [and] Beauty Care, in which the Court of Appeal determined in 2017 that a judge who did not ensure that an unrepresented plaintiff who had intended to raise a claim had failed in his responsibility. . . . [more]

Any planning of a public calendar can be challenging in a diverse and multicultural society. The Law Society of Ontario, for example, learned this the hard way when they scheduled the Barrister exam this year on June 4, 2019, which coincided with Eid celebrations of Muslims across the province.

The planning of a Federal election is a more extensive endeavour, not only in the national scope of the exercise, but in the more significant limitations imposed by statute. The Canada Elections Act, states,

Date of General Election

Powers of Governor General preserved

56.1 …

Election dates

(2) …each general

Several years ago, I covered in the Western Journal of Legal Studies the emergence of class actions as a viable mechanism to promote privacy interests in the public. Central to this promise was the inability of statutory remedies to provide any meaningful deterrence against these breaches. I specifically focused on the Personal Health Information Protection Act (PHIPA), which had never had a successful prosecution at that time.

Since then, there has been successful prosecutions under PHIPA starting in 2016, and there have been some changes that might make it more viable in protecting privacy interests. Amendments under Bill . . . [more]