In the recent case of Heller v. Uber Technologies Inc., the Court dealt with a case in which Mr. Heller, an Uber food delivery driver, attempted to bring a class action on behalf of all Uber drivers against Uber. Mr. Heller sought a declaration from the Court that all of the drivers are employees of Uber and thereby entitled to the benefits of Ontario’s Employment Standards Act. Uber brought a motion to the Court to stop the action on the basis that any complaint by Mr. Heller would have to be dealt with by way of arbitration in . . . [more]

On March 20, 2018, the Quebec government tabled Bill 176, An Act to amend the Act respecting labour standards and other legislative provisions mainly to facilitate family-work balance to facilitate work-family balance and to modernize and reform Quebec labour standards. Labour Minister Dominique Vien said, "The many proposed changes take into account the new realities of workplaces, such as the changing family patterns, the aging population and ensuing retirements, and would encourage the retention of staff in a context of scarcity of labour." Measures in the Bill include: . . . [more]

On March 20, 2018, the Manitoba government introduced legislation that would amend the Employment Standards Code to, among other things, extend provisions for parental leave and leave for individuals to care for a critically ill adult family member.

The changes to the Employment Standards Code include: . . . [more]

Canada has made significant changes to the Trademarks Act, mostly to make it more consistent with international practice. Anyone considering applying for a trademark might want to file before the new rules come into force.

What is the issue?

In early 2019 the trademark application process will undergo significant changes. The changes include:

• Not having to state first use dates or declare actual use
• Registration term reduced from the current 15 years to 10
• Adoption of the class system and a class based fee structure
• Proof of distinctiveness needed for some types of marks

Why does it matter?

CIPO fees . . . [more]

Others, usually outside of the profession, often wonder what value lawyers provide to society. We don’t save lives, the way other professions do, and our social utility isn’t always as tangible.

I often argue that we do indeed save lives, at least the social aspects of it that many members of the public face. We also drive the economic engines in a capitalistic society, and allow for growth that ultimately benefits everyone when properly oriented and efficient.

Occasionally lawyers do save lives, quite literally. And sometimes doing so is deemed by the courts as inappropriate for them to do. The . . . [more]

Starting tomorrow, the Supreme Court of Canada will publish Cases in Brief on the Court website, and on its Facebook and Twitter accounts. These are short, plain-language summaries of Supreme Court decisions.

The first such Case in Brief will be made available tomorrow at noon in the case of Carson v. The Queen.

In a statement released today to Court staff, Chief Justice Richard Wagner writes:

“We’re doing this because we want to be more transparent and accessible to Canadians—but we’re also doing it because we must. The reality is that there are fewer journalists covering the Court than

The 2017 Ontario Accessibility Compliance and Enforcement Report is now available online and outlines the activities undertaken by the Accessibility Directorate of Ontario in 2017 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards.

The report explains the results of the December 31st compliance reporting obligations of obligated organizations, and the various audits and inspections conducted by the Accessibility Directorate of Ontario in 2017. Overall, the report clearly indicates that there is a lot of enforcement work still needing to be done for Ontario to reach the goal of becoming an accessible province . . . [more]

Written wholly by Christina Catenacci, BA, LLB, LLM, and PhD candidate at the University of Western Ontario

In February 2018, the Standing Committee on Access to Information, Privacy and Ethics released a report that summarized issues and recommendations concerning the Personal Information Protection and Electronic Documents Act (PIPEDA).

The report was authored by Bob Zimmer, the Chair of the Standing Committee, and presented to the House of Commons in the first session of the 42nd Parliament.

More specifically, the report was generated following the decision to undertake a review of PIPEDA. This review began February 14, 2017; it consisted of . . . [more]

On March 6, 2018, the Ontario government tabled Bill 203, Pay Transparency Act, 2018 to close the wage gap between women and men in the province by imposing significant obligations and restrictions on employers relating to the disclosure of information about the compensation of employees and prospective employees. The government says it will spend up to $50 million over the next three years on the initiative. . . . [more]

Earlier this year, Justice Perell approved a replacement class representative in Sondhi v. Deloitte Management Services LP on a motion for what has already been an exhausting certification process in a class proceeding.

The matter involves a class, who although technically are lawyers, have not been considered as such by their employer or the parties procuring their services. These members typically consist of younger lawyers and new graduates who have been unable to otherwise find employment as lawyers in a traditional context.

I do know many of these young lawyers. I know that they are bright and talented, and would . . . [more]

On February 27, 2018, the federal government tabled its 2018-19 budget, the third budget for the sitting liberal government. The 2018-19 budget focuses on gender equality, economic growth, job creation and a strong middle class.

In his budget speech, federal Finance Minister Bill Morneau stated, “The Canadian economy is doing well-remarkably well. Over the last two years, hard-working Canadians have created nearly 600,000 new jobs, most of them full-time. Unemployment rates are near the lowest levels we’ve seen in over 40 years.”

The updated fiscal 2018-19 forecasted deficit is $18.1 billion, improved from the fall economic statement estimate of . . . [more]

On Friday, January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) released a draft of their position regarding online reputation and on how Canadians can better protect their online privacy and rights.

The draft report is the result of a 2016 consultation on online reputations. Through this consultation, the OPC was soliciting input from interested stakeholders about new and innovative ways to protect reputational privacy. Reputation and Privacy is one of the OPC’s four strategic privacy priorities. A summary of the 28 submissions received is posted online on the OPC website.

Summarizing the report

The draft . . . [more]