Industry: Universities

New Year – New Standard of Review

· 6 min read

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.

Alberta Appellate Court Renders Significant Decision on University Autonomy and Expressive Rights

· 7 min read

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.

Action for Constructive Dismissal as a Result of Workplace Harassment Statute-Barred by WSIA

· 6 min read

The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has held that a civil action for constructive dismissal based on alleged workplace harassment and bullying was statute-barred under the Workplace Safety and Insurance Act, 1997 (WSIA) and could not proceed.

Update on Ontario Government Wage Restraint Initiatives

· 6 min read

In this FTR Now, we look at the amendments made to the Bill and their impact on collective bargaining and non-union wage review activities that may have occurred since the Bill was first tabled. We also discuss the government’s recently announced plan regarding “designated executives” under the Broader Public Sector Executive Compensation Act, 2014 (BPSECA).

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.

Court Finds University Erred in Placing Too Much Weight on Marks in Assessing Application by Person with Disabilities

· 5 min read

The Ontario Divisional Court has held that a university should not have placed as significant weight on previous grades during its admissions process when considering an application submitted by a person with disabilities. Noting the “unusual” circumstances of this case, the Court remitted the consideration of the applicant’s application to the university’s Admissions Committee “for…

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 collaborates with clients as they navigate complex issues involving workplace accommodation, mental health law, union organizing drives, disciplinary investigations and Education Act obligations for trustees and administrators. He regularly delivers training sessions and presentations regarding a variety of workplace issues including workplace harassment, management/union relations, employee terminations and attendance management.