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]

A recent decision of the Ontario Superior Court in Cormier v 1772887 Ontario Ltd., 2019 ONSC 587 (CanLII) involved the number of years of service that were included in the calculation of notice, whether a termination clause was valid, and also if inappropriate deductions were made from the employee’s pay.

Quick facts

The employer operated a business across Canada that involved marketing and advertising.

A long-time employee (with almost 23 years of service) was dismissed without cause and claimed $136,577.75 in damages for wrongful dismissal. In her claim, the employee submitted that she was entitled to 24 months of . . . [more]

A century ago, Western civilization was still extensively using domesticated animals, specifically the horse, as one of the main means of transportation. Though domesticated for at least 6,000 years, this animal provided an invaluable means for people, goods, and services to move throughout North America, especially in inland areas away from shipping routes.

As could be expected, the common law at the time contained ample number of decisions that related to horses or incidents connected to horses. The horse was a central piece of technology that enabled civilization. Of course, all of that changed with the introduction of the Model . . . [more]

The Law Library of Congress in Washington, D.C. has released a report on the Regulation of Artificial Intelligence that looks at AI regulation and policy in jurisdictions around the world.

It was written in January and published on the Library’s website recently:

“This report examines the emerging regulatory and policy landscape surrounding artificial intelligence (AI) in jurisdictions around the world and in the European Union (EU). In addition, a survey of international organizations describes the approach that United Nations (UN) agencies and regional organizations have taken towards AI. As the regulation of AI is still in its infancy, guidelines, ethics

On May 29, 2019, the Northwest Territories tabled Bill 57, An Act to Amend the Employment Standards Act to align with recent changes to certain statutory leaves in the Canada Labour Code and the Employment Insurance Act, as well as to update certain provisions of the Employment Standards Act to better protect Northwest Territories workers. . . . [more]

Integrity Commissioner J. David Wake recently indicated that he could investigate the Ford government’s appointments of people with whom the Premier’s former chief of staff, Dean French, had some form of association or, indeed, all previous appointments. (Mr. French resigned as the premier’s chief of staff after news of appointments initially broke.) However, Mr. Wake also stated that he could report only to the premier and not release his findings to the public. Yet the public has an interest in such cases, perhaps particularly one that appears to be so extensive, and not only in the appointments themselves, but . . . [more]

The case of Dawe v. Equitable Life Insurance Company 2018 ONSC 3130, which extended the 24-month upper limit on the reasonable notice period for an older, long-term, senior manager who was unable to secure comparable employment to 30 months; and were the motion judge stated that, if asked, he would have awarded 36 months, was appealed.

You can read more on the motion judge’s decision on Slaw here.

On appeal, which decision (Dawe v. Equitable Life Insurance Company of Canada 2019 ONCA 512) was released on June 19, 2019, the appeal’s judge held that the motion judge’s approach . . . [more]

Christopher Callow provided summer and winter maintenance to ten residential condominiums at Baycrest Gardens. The condos are managed by Condominium Management Group (CMG) and in particular by Tammy Zollinger, a Property Manager. A representative of each of the condo corporations formed the Joint Use Committee (JUC). CMG terminated Mr. Callow’s winter maintenance contract earlier than expected and did not offer him, contrary to his expectations, a subsequent winter contract.

Justice O’Bonsawin at trial, after a lengthy consideration of the testimony of Mr. Callow and seven witnesses for CMG, as well as the circumstances surrounding performance of the winter contract, . . . [more]

A national identity, in a multicultural, multilingual, and highly mobile population, is a challenging concept for a modern post-nation state democracy. Nations are themselves a socially constructed community, imbued with rights, responsibilities and laws.

This Canada Day, reflecting on what Canadian citizenship means, and what legal democratic rights this citizenship provides, may provide some insight into our federal election this fall, and the future of our democracy.

In his 1983 book, Imagined Communities, Benedict Anderson describes some of the features of these social constructs:

The nation is imagined as limited because even the largest of them, encompassing perhaps a

In December 2017, legislative amendments under the Budget Implementation Act, 2017, No. 2 (introduced as Bill C-63), to Part III (employment standards) of the Canada Labour Code (the Code) to limit unpaid internships in the federally regulated sector to only those that are part of an educational program were enacted but did not come into force right away. On June 8, 2019, the federal government published proposed regulations in the Canada Gazette to extend standard health and safety protections to unpaid interns and to enact supporting regulations regarding limitations to internships under Part III of the Canada Labour Code. . . . [more]

When both government and intelligence agencies note that white supremacy is the greatest threat facing Canada today, it’s important to look for signs of these movements, and their symbols.

One of those most obvious symbols to many people would be the swastika, given its association with the Nazi movement in Germany, and hate groups invoking their doctrine worldwide since WWII. Although this is a symbol that is indeed used by many of these groups, they also use many other symbols to hide or obscure their ideology. The swastika itself dates back thousands of years, especially in South Asia, and was . . . [more]

In preparation for the September 1, 2019, coming into force date of the amendments to Part III (Labour Standards) of the Canada Labour Code, the federal government registered in the Canada Gazette, Part II, Volume 153, Number 12, on June 3, 2019, the consequential amendments to the Canada Labour Standards Regulations. This is intended to align the Regulations with the new and amended Canada Labour Code provisions and to support their implementation. Additional housekeeping amendments are also needed to address other editorial and alignment issues. . . . [more]