Just prior to the end of 2019, the Supreme Court of Canada established a new framework that is designed to guide lower courts on applying the standard of review in judicial review applications. The Court’s long-awaited “trilogy” of cases in Canada (Minister of Citizenship and Immigration) v. Vavilov and the two companion appeals heard together in Bell Canada v. Canada (Attorney General) represents an express departure and evolution from the framework that the Court set out in the case of Dunsmuir decided over a decade ago.
Industry: Education
Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights
Universities value their autonomy, and though subject to court supervision, have long been accorded significant leeway in managing their academic and non-academic affairs. The Alberta Court of Appeal recently issued a decision that is controversial in its recognition that the Canadian Charter of Rights and Freedoms governs an Alberta university’s control over the use of its space. This decision conflicts with jurisprudence in other jurisdictions and may be challenged, but it does highlight the pressures on university autonomy today, particularly as they pertain to matters involving free expression.
Ryan J. Freeman
Ryan maintains a broad labour relations practice, with a specific focus on construction labour relations. His practice also includes civil litigation, human rights and collective bargaining. When advising his clients, Ryan takes a strategic, forward-thinking approach and always endeavours to ensure the avoidance of unnecessary legal problems and risks. He actively listens to and engages with his clients, and they regularly reach out to him for guidance on how matters will impact their organizations in the long term.
Grant R. Nuttall
Grant’s practice is advocacy-focused and includes collective bargaining, labour disputes, grievance arbitrations, wrongful dismissal, human rights and accommodation, and employment standards. He works across the public and private sectors with a focus on the broader public sector.
Sean M. Reginio
Sean Reginio is a labour and employment lawyer in Hicks Morley’s Toronto office. He specializes in public sector labour relations, human rights, pay equity, education law, and equity, diversity and inclusion in the workplace. Sean frequently supports social services, non-profit, and education sector clients.
Rayaz M. Khan
Rayaz provides advice and representation to employers on a wide range of labour, employment and human rights issues. His practice includes wrongful dismissal litigation, grievance arbitrations, labour disputes, and human rights applications as well as helping employers navigate accommodation and employment standards issues. He has also advised and assisted several corporations through large-scale restructurings.
Gender Identity and Gender Expression
Gender identity and gender expression are protected grounds under Ontario’s Human Rights Code (Code). While the law in this area is highly dynamic, this Client Toolkit provides employers with guidelines and best practices for understanding its unique aspects, supporting trans people in the workplace, and ensuring compliance with the Code.
Accommodating Medical Marijuana
Accommodating medicinal cannabis requires balancing an employee’s rights under the Human Rights Code with an employer’s obligations under the Occupational Health and Safety Act to take every precaution reasonable in the circumstances for the protection of workers. These obligations are especially pronounced in workplaces that include safety-sensitive positions.
ESA Compliance Checklist
Employers are required to comply with the minimum standards set out in the Employment Standards Act, 2000 (ESA). In this Checklist, we provide a general overview of an employer’s ESA compliance obligations, along with checklists to assist you in assessing your degree of compliance.
WSIB and Chronic Mental Stress
In this Client Toolkit, we set out the statutory changes, the policy framework and a list of steps employers can take to minimize the risk of workplace stress.