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The Duty Not to Find …
On the heels of the European Court of Justice’s decision (discussed on Slaw) to require Google to suppress links to particular web sites that had ‘irrelevant and outdated’ personal information about a...
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Employment Law and First Nation Band
In Canada, jurisdiction over employment law is normally within the authority of each province or territory, unless the employer or activity falls under the federal jurisdiction. This is a...
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Have You Notified Your Insurer?
Manitoba lawyers recently received a memo from the Law Society’s Insurance Department reminding them that it’s time to pay their 2014/15 liability insurance premium. That memo also contains the annual...
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Officers of the Worker and Employer Advisers Who Give Legal Advice Must Be...
The Ontario Superior Court of Justice has ruled that employees of Ontario’s Office of the Worker Adviser and Office of the Employer Adviser who provide legal services relating to the Occupational...
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Federal Court of Appeal Rulings on Landmark Family Status Cases
On May 2, 2014, the Federal Court of Appeal released its long-awaited decisions in Canada (Attorney General) v. Johnstone, 2014 FCA 110 (CanLII) and Canadian National Railway Company v. Seeley, 2014...
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Court of Appeal Unable to Review Lower Decision – Forced to Grant Appeal
In an unusual case, the Court of Appeal has granted the Appeal brought by the Defendants due to the fact that the inadequacy of the endorsement of the motion judge rendered the Court of Appeal unable...
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Neighbours From Hell – Marcel Proust to Ed Morgan via the Carlisle
Three delightful legal curios remind us that when neighbours fall out, balance and judgment cascade out the window – or are defenestrated. Let’s start with Monsieur Proust – who was sensitive beyond...
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Update: Court of Appeal Rules Property Management Company Still Barred From...
About a year ago I wrote a post about a case where the Ontario Superior Court issued a permanent injunction preventing the owner of a property management company from appearing before the Ontario...
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Search Warrants for Electronic Records
Speaking of media neutrality … a US judge has ruled that a search warrant served on Microsoft in the US required the company to divulge records stored on servers outside the US. An account of the...
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Pregnant Employee Has Right to Withdraw From Unsafe Work No Matter Employment...
Pregnant casual or temporary workers in Quebec have the right to withdraw from unsafe work environments just as permanent workers do, according to the recent Supreme Court of Canada decision in Dionne...
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Proceeds From Molson Grow-Op Sale to Be Released to Property’s Owner
Justice Vallee has authorized the return of the sale proceeds of the former Molson Brewery Grow-Op, which total just north of $4 million, to the property’s owner. The Attorney General of Ontario had...
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Electronic Signatures and Election Registration: Case Comment on Getup Ltd....
One of the principles governing how the law has come to terms with electronic or digital technology is that of media neutrality: the law should work the same way regardless of the medium by which...
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Business Trademarks May Be Displayed in Quebec in a Language Other Than French
On April 9, 2014, the Quebec Superior Court ruled that businesses in the province of Quebec may continue to display their trademarks on public signs outside their premises in a language other than...
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Ontario Judge Strongly Pushes for Greater Use of Technology in Courts and...
In a case conference decision in the matter Bank of Montreal v Faibish, 2014 ONSC 2178 (CanLII), Justice David M. Brown expressed “profound frustration” at the failure of lawyers and judges to make...
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Defendant Permitted to Defend Action Six Years After Plaintiff Obtains...
The Ontario Court of Appeal has upheld a Superior Court Judge’s decision to set aside a default judgment obtained by the plaintiff and allow the defendant the opportunity to enter a defence. The...
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Superior Court of Justice Certifies a Class Action for Wrongful Dismissal...
On January 2, 2014 Justice Perell of the Ontario Superior Court of Justice certified a class proceeding by 527 wrongfully terminated employees led by Bob Brigaitis and Cindy Rupert (represented by Ted...
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A Bankrupt Can’t Escape a Judgment for Sexual Assault
Under most circumstances, an order of discharge releases a bankrupt person from all debts. There are, however, exemptions that have been legislated to ensure that a bankrupt party does not escape a...
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The Pastor Fred Phelps Has Died. Revisiting the Westboro Church’s...
The news last week that Fred Phelps, head of the Westboro Church had died, was not a particularly sad event for the vast majority of Americans. Fred Phelps had founded the « Primitive Baptist » Church,...
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Objection? Filing a Settlement Reached in Another Jurisdiction
When can a party put into evidence a settlement reached between the parties, and to what end? In most cases, the answer is never. Not only are parties generally careful to insert a confidentiality...
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Quebec Superior Court Invalidates Certain Provisions of the Pay Equity Act
A coalition of unions led by the Fédération interprofessionnelle de la santé du Québec (FIQ) has won a court challenge against certain provisions of the 2009 reform of Quebec’s Pay Equity Act. The...
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