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“Ladies’ Nights” not Discriminatory to Men: Human Rights Tribunal of Ontario

Posted On: January, 23 2015
On September 6, 2012, Kyle Maclean was asked to pay a $20 cover charge to get into his local bar, the Barking Frog in London, Ontario, while his female companions were asked to pay only $10 that evening. This struck Mr. Maclean as unfair and last year… more »
 

Vexatious Litigant Ruling Upheld by Appeal Court

Posted On: January, 21 2015
In a decision released in June 2013, the Ontario Court of Appeal has upheld a decision by the Ontario Superior Court of Justice declaring Mr. William Malamas to be a “vexatious litigant.” Mr. Malamas is a former real estate agent who held a number of… more »
 

Human Rights Tribunal Orders Employee Reinstated after Eight and a Half Years

Posted On: January, 21 2015
In the recent case, Fair v. Hamilton-Wentworth District School Board, 2013 HRTO 440, the Human Rights Tribunal reinstated the Applicant, Ms. Fair, into a position with the Respondent school board, more than eight years after she was dismissed. This case… more »
 

Part Two – CEP, Local 30 v. Irving Pulp & Paper – Supreme Court Issues Landmark Ruling on Alcohol Testing in Unionized Workplaces

Posted On: January, 21 2015
In the June 2013 decision, CEP Local 30 v. Irving Pulp and Paper, the majority of the Supreme Court of Canada, in an opinion authored by Abella J., allowed the appeal from the New Brunswick Court of Appeal’s decision, but did so in a way that may limit… more »
 

Part One – CEP, Local 30 v. Irving Pulp & Paper – Supreme Court Issues Landmark Ruling on Alcohol Testing in Unionized Workplaces

Posted On: January, 21 2015
Background The legal status of random drug and alcohol testing in Canadian workplaces has been very unclear for some time.  It has been accepted that drug and alcohol addiction is a disability within the context of human rights law, and as such, random… more »
 

Motion to Compel Disclosure – Evidence-based Inquiry

Posted On: January, 21 2015
Incorporating new technologies into the Rules of Civil Procedure can sometimes present challenges for both litigants and courts.  In the recent case of Stewart v Kempster, 2012 ONSC 7236, Justice Heeney dismissed a motion by the defendants seeking an… more »
 

Clever Lawyering Fails to Thwart Summary Judgment Motion

Posted On: January, 21 2015
In the recent summary judgment motion of Baywood Homes v Alex Haditaghi, 2013 ONSC 2145, Justice Belobaba, for the Ontario Superior Court of Justice in Toronto, took the opportunity to opine on the test for summary judgment under Rule 20 of the Rules of… more »
 

Abuse of Process

Posted On: January, 21 2015
In the recent decision, Power Tax Corporation v. Millar et al. (2013), 113 O.R. (3d) 502, 2013 ONSC 135, the Honourable Mr. Justice Goldstein of the Ontario Superior Court considered the doctrine of abuse of process in a case where there were two… more »
 

Court of Appeal Rules that Solicitor-Client Privilege Attaches to Sources of Funding for Litigation

Posted On: January, 21 2015
Potential Repercussions for Labour Relations In an important decision, the Court of Appeal for Ontario has ruled that the source of funding for a party’s legal representation is presumptively subject to solicitor-client privilege. In the case, Kaiser… more »
 

Disclosure of Facebook “Friends” and Twitter “Followers” ordered in Libel Case

Posted On: January, 21 2015
In a recent decision released in March 2013, former university professor Denis Rancourt who is a defendant in a defamation claim by University of Ottawa Law professor Joanne St. Lewis, was ordered by the Court to disclose his Facebook “friends” and… more »
 

Saskatchewan Court awards $4.9 Million in Damages in Precedent Setting Long Term Disability Insurance Case

Posted On: January, 21 2015
Luciano Branco is a Portuguese Canadian welder who was working with a Saskatchewan company overseas in Kyrgyzstan, when he was severely and permanently injured on the job in 1999 after a steel plate fell on his foot. Mr. Branco had workers compensation… more »
 

Unionized Employee Reinstated to Permit Application for Long-Term Disability Benefits

Posted On: January, 21 2015
In November 2012, labour arbitrator William Kaplan decided the grievance case of Agropur Division Natrel v. Teamsters Local 647 (Grievance of JF), 2012 CanLII 69477, regarding the termination of a disabled employee requesting reinstatement. The grievor,… more »
 

Employees with Parental Responsibilities are Entitled to Accommodation: Federal Court

Posted On: January, 21 2015
A decision released by the Federal Court in January 2013 confirms that employers must accommodate their employees with parental obligations to the point of undue hardship: Johnstone v A.G. (Canada). Fiona Johnstone and her husband worked as border… more »
 

Human Rights Tribunal Decision Highlights the Importance of Confidentiality in the Settlement Process

Posted On: January, 21 2015
A recent decision from the Human Rights Tribunal of Ontario (“HRTO”) Tremblay v. 1168531 Ontario Inc., highlights the importance of confidentiality in the settlement process. Trish-Ann Tremblay filed a human rights application against her former… more »
 

Increased Access to Public Education for Persons with Disabilities in Canada

Posted On: January, 21 2015
In November 2012, the Supreme Court of Canada released a decision that has increased access to public education for persons with disabilities in Canada. Moore v. British Columbia (Education), 2012 SCC 61 was the case of a child name Jeffrey Moore who… more »
 

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