In 2016, Justice David Stratas of the Federal Court of Appeal took the unusual step of posting “A Plea for Doctrinal Coherence and Consistency” online, stating,

Our administrative law is a never-ending construction site where one crew builds structures and then a later crew tears them down to build anew, seemingly without an overall plan…

Administrative law matters. Resting at its heart is the standard of review, the body of law that tells us when the judiciary can legitimately interfere with decision-making by the executive—a matter fundamental to democratic order and good governance, a matter where objectivity, consistency

Every week we present the summary of a decision handed down by a Québec court provided to us by SOQUIJ and considered to be of interest to our readers throughout Canada. SOQUIJ is attached to the Québec Department of Justice and collects, analyzes, enriches, and disseminates legal information in Québec.

FAILLITE ET INSOLVABILITÉ : La débitrice n’avait pas la qualité de fiduciaire ou d’administratrice du bien d’autrui à l’égard d’un véhicule automobile acquis aux termes d’un contrat de vente à tempérament; par conséquent, l’une des conditions essentielles à l’application de l’article 178 (1) d) de la Loi sur la faillite . . . [more]

Each Friday, we share the latest job listings from Slaw Jobs, which features employment opportunities from across the country. Find out more about these positions by following the links below, or learn how you can use Slaw Jobs to gain valuable exposure for your job ads, while supporting the great Canadian legal commentary at Slaw.ca.

Current postings on Slaw Jobs:

• Hospitality Clerk (Full-time) | Vancouver, BC
  (Bennett Jones)
• Legal Assistant, Resource Team (Corporate & Litigation) (Contract role) | Edmonton, AB
  (Bennett Jones)
• Director, Legal (Full-time) | Toronto, ON
  (Insurance Bureau of Canada)
• Director of Market Policy and Industry Relations (8+

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

In Hunsley v Canadian Energy Services LP, 2020 ABQB 724 (CanLII) (“Hunsley”), the Alberta Court of Queen’s Bench (“ABQB”) found that a wrongfully dismissed employee was entitled to receive his regular pay and benefits during his notice period despite the reality that the employer had reduced compensation for employees during a pandemic pay cut. Although workers who stayed actively employed during the pandemic were subjected to the employer’s unilateral pay cut, this cut was recognized to be an act of constructive dismissal and thus did not factor into the employee’s . . . [more]

In the context of investigation of a complaint under PIPEDA^[1] the Privacy Commissioner of Canada sought a reference to determine several preliminary issues.^[2] The claimant claimed Google violated PIPEDA when certain links to news articles pertaining to him arose in a search using the Google search engine. Google had taken the position that PIPEDA did not apply to Google, either, firstly, since the search service was not a commercial activity within the meaning of Section 4(1)(a) of PIPEDA^[3], and, secondly, if PIPEDA did apply then Google was excused since it was carrying out a journalistic activity . . . [more]

Government information is ubiquitous in social media platforms. Government agencies at every level (federal, state/province, country, city) share a significant amount of information and data on social media. Some agencies even have several different social media accounts where they disseminate different types of information depending on the nature of the institution or department. Elected officials speaking on behalf of the government or the public office they represent behave no differently. Some of these government officials and lawmakers have had multiple social media accounts, each for the previous elected positions they have occupied. It has become increasingly difficult to differentiate information . . . [more]

Nowadays, a person’s life can be turned upside down by a comment made on the internet. Just ask Harvey Weinstein. Despite the power of the internet, we are just beginning to regulate it. In Ontario, the laws regarding decorum on the internet are in their infancy. The law on internet harassment has not been codified. In a recent decision, 385277 Ontario Ltd. v Gold, 2021 ONSC 4717, Justice Myers advances our legal system when it comes to recognizing internet harassment.

In 385277 Ontario Ltd. v Gold, an injunction was sought by the plaintiffs. The plaintiffs wanted to . . . [more]

Here are excerpts from the most recent tips on SlawTips, the site that each week offers up useful advice, short and to the point, on practice, research, writing and technology.

Research & Writing

Co-
Neil Guthrie

This prefix is overused. Certainly in co-conspirator, where it is unnecessary, as co- and con- both import the notion of joint action. That doesn’t stop US legislators from perpetuating the redundancy, however: … . . . [more]

As I write this, there is a very positive look on where we will be in September. Many firms are looking to a new hybrid work model. Companies are doing the same albeit maybe a little later in the year. We have gone from jokes about touching our faces, to complete lockdown, to a progressive work environment many have been asking about for years.

What does this mean for your relationships with clients and co-workers? No longer will you have to meet on Zoom. It will be possible to meet for a coffee. Once again you may “bump” into someone . . . [more]

On Friday, right before Ontarians were entering the long weekend, the Chief Public Health Officer announced that Canada may be entering a 4th wave. The likelihood of a resurgence will largely depend on how many people are fully vaccinated. An estimated 89.7% of all new cases are occurring in eligible but unvaccinated people, even though the Prime Minister recently noted there are enough doses to vaccinate everyone in the country.

Some post-secondary institutions in Ontario are making vaccinations mandatory for all students and employees, with the province considering making vaccines mandatory for certain occupations. Half of all vaccinated Canadians indicate . . . [more]