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Case In Point

Appellate Court Refuses to Extend Time for Filing of Leave to Appeal: Case Lacked Merit

In Reid v College of Chiropractors of Ontario, the Ontario Court of Appeal recently reviewed the test for extending time to file leave to appeal. The Court dismissed the motion for an extension of time on the basis that the proposed appeal lacked merit. The decision provides a helpful summary of the test for extending…

Case In Point

Supreme Court Affirms Supremacy of Solicitor-Client Privilege

In Alberta (Information and Privacy Commissioner) v. University of Calgary, a majority of the Supreme Court of Canada (with two justices partially concurring) affirmed that the University of Calgary was justified in its refusal to produce certain documents over which it had claimed solicitor-client privilege to the Information and Privacy Commissioner of Alberta (Commissioner). The…

Case In Point

Don’t Rush to Summary Judgment!

The Court of Appeal has overturned a decision by a motion judge which allowed the plaintiffs’ wrongful dismissal actions to be decided by way of summary judgment motion. In Singh v. Concept Plastics Limited, the two plaintiffs were long-term former employees of Concept Plastics. Both brought motions to resolve their actions by way of summary…

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Appellate Court Affirms the Importance of Clearly Drafted Minutes of Settlement

In a recent decision of the Ontario Court of Appeal, RJM56 Investments Inc v Kurnik, the Court supported an employer’s reasonable conduct in withholding and remitting amounts owing to the Canada Revenue Agency (CRA) in the face of ambiguous minutes of settlement, and in so doing emphasized the need for carefully drafted minutes of settlement….

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What Nexus is Required to Establish a Tribunal’s Jurisdiction over Discriminatory Conduct Arising at a Workplace?

The Supreme Court of Canada will be delivering a decision likely to provide further clarity on the scope of the jurisdiction of British Columbia Human Rights Tribunal (Tribunal) to hear a complaint alleging discrimination regarding employment involving parties who work for different employers. On October 13, 2016, the Supreme Court of Canada granted leave to…

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Duty to Accommodate Does Not Extend to Permitting Excessive Employee Absenteeism

In Ontario Public Service Employees Union v Ontario (Children and Youth Services), the Divisional Court recently affirmed that an employer’s duty to accommodate does not extend to allowing an employee not to work, stating that the “purpose of the duty to accommodate is to allow employees to fulfill their employment duties, not to allow employees not…

Case In Point

Federal Privacy Commissioner Uses Ashley Madison Incident to Promote Good Information Governance

Organizations subject to Canadian privacy law should be aware that the Office of the Privacy Commissioner of Canada (together with the Australian Information Commissioner) recently issued a report on the 2015 breach of the Ashley Madison website – a breach that affected nearly 35 million individuals who had used the online dating site for adults…