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Psychology in Alternative Dispute Resolution: The Value of an Apology or a Good Explanation – Part 2

Posted On: January, 24 2015
A series of experiments has demonstrated that “equity seeking” litigants are less likely to settle their claims out of court, and are less likely to defer to a rationally-justified settlement position.³ These are litigants who feel that they have been… more »
 

Psychology in Alternative Dispute Resolution: The Value of an Apology or a Good Explanation – Part 1 Introduction

Posted On: January, 24 2015
A great deal of research in various fields of academic study has attempted to identify and understand the factors that might explain why certain civil cases settle, yet others proceed to a trial before a judge, or a judge and jury. This research has… more »
 

Financial Trader Sues Madison Square Gardens after Ejection for Heckling Costs His Job

Posted On: January, 24 2015
Several media outlets have recently run stories¹ about former ING Financial Services trader Anthony Rotondi, who was ejected from a New York Knicks game at Madison Square Gardens (MSG) on January 7, 2014. The allegations are that he was attending the… more »
 

Ryerson Chooses Pinto Wray James LLP for Administrative Law Lead in Launch of Law Practice Program (LPP)

Posted On: January, 24 2015
With the start of the 2014-2015 school year, Ryerson University launched its much-anticipated Law Practice Program (LPP). The LPP began when the Law Society of Upper Canada approved the Pathways Pilot Project in November 2012 to allow candidates for… more »
 

Does a “Kick in the Butt” Excuse a “Punch in the Mouth?”

Posted On: January, 24 2015
Warehouse fighting has a long and inglorious history in the annals of employment law. This recent Small Claims Court matter adds another chapter, or perhaps a footnote, to that history. In Peng v. Ferguson, the Court was faced with the question of… more »
 

Federal Court of Appeal Rules that Family Status Discrimination Includes Failure to Accommodate Childcare Needs

Posted On: January, 23 2015
In an important decision released on May 2, 2014, the Federal Court of Appeal has ruled that the Canada Border Services Agency (CBSA) breached the federal Canadian Human Rights Act, by taking the position that it did not have a duty to accommodate one… more »
 

Issue Estoppel at the Human Rights Tribunal of Ontario

Posted On: January, 23 2015
The Human Rights Tribunal of Ontario (HRTO) is empowered by s. 45.1 of the Ontario Human Rights Code to dismiss an application in whole or in part if it is of the opinion that another proceeding has appropriately dealt with the substance of the… more »
 

Estop That! The Latest Statement on Issue Estoppel from the Supreme Court

Posted On: January, 23 2015
Issue estoppel is a judicial doctrine of public policy aimed at preventing an unsuccessful party from re-litigating the same matter before another court or tribunal. As stated by the Supreme Court of Canada in the foundational case Danyluk v. Ainsworth… more »
 

Pension Earnings Cannot Offset Wrongful Dismissal Damages: Supreme Court

Posted On: January, 23 2015
n a decision released in December 2013, the Supreme Court has held that employee pension payments should not reduce the severance payment or damages otherwise payable by an employer for wrongful dismissal. The facts of the Supreme Court’s decision are… more »
 

The Law Society of Upper Canada Denies Accreditation to Trinity Western University Law School

Posted On: January, 23 2015
Trinity Western University’s (“TWU”) new law school in British Columbia has lost its bid to become accredited by Ontario’s Law Society of Upper Canada (“LSUC”). On April 24, 2014, Convocation, the governing board of the LSUC, voted against the… more »
 

Big Win at the Ontario Civilian Police Commission

Posted On: January, 23 2015
Thanks to the work of Andrew Wray, the Executive Director of the Ontario Police Video Training Alliance (“OPTVA”) won his bid to be classified as a “senior officer” within his police force. Last year, our client brought an application under s. 116 of… more »
 

A Strong Endorsement of Summary Judgment Motions by the Supreme Court

Posted On: January, 23 2015
The Supreme Court of Canada has paved the way for more Ontario litigants to obtain a final judgment without the time or expense of a full trial. Last month, the Supreme Court released companion decisions which broaden the circumstances under which… more »
 

Union Fines are Not Legally Enforceable – Part IV

Posted On: January, 23 2015
Union Trials as Arbitrations An argument that has been advanced by unions seeking the civil enforcement of their fines is that the trial procedure set out in various union constitutions is essentially an arbitration agreement. This argument proposes… more »
 

Union Fines are Not Legally Enforceable – Part III

Posted On: January, 23 2015
Is a Union Member’s Refusal to Pay Union Fines a Contractual Breach? The first argument advanced by unions in favour of civil enforcement of their fines was that the provisions for disciplinary fines in the union constitution are part of the contract… more »
 

Union Fines are Not Legally Enforceable – Part II

Posted On: January, 23 2015
The Relationship between Individual Members and Their Unions is Contractual In Ontario, unions have unsuccessfully advanced two different arguments to try to persuade the courts to enforce internal union fines. Both arguments are premised on an… more »
 

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