Ted Kovacs Quoted in Canadian Lawyer Magazine

Hicks Morley’s Ted Kovacs was quoted in the February 2011 edition of Canadian Lawyer Magazine, in the Legal Report: Labour & Employment section. The article, “Facebook is the new water cooler”, discusses the emerging caselaw dealing with the off-duty comment of employees in the context of social media: Is it free and fair speech? or…

Sovereign Immunity and The “Commercial Activity” Exception

Late last year, the Supreme Court of Canada ruled that Iraq could not rely on state immunity to bar the enforcement of an English judgment ordering Iraq to pay CAD$84 million to the Kuwait Airways Corporation. In Kuwait Airways Corp. v. Iraq [1], the Court determined that within the context of the dispute, Iraq was…

Ontario Court Finds Decision of Human Rights Tribunal to be Factually and Legally Flawed

The Ontario Divisional Court has recently found that a decision of the Ontario Human Rights Tribunal was legally and factually unsupportable and that it was “simply not possible to logically follow the pathway taken by the adjudicator and to determine the reasonableness of the conclusions reached.” In Audmax v. Human Rights Tribunal of Ontario and…

Bill C-28 Receives Royal Assent

On December 15, 2010, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent. The Bill will come into force on a day to be fixed by order of the Governor in Council. As previously reported, the Bill enacts comprehensive anti-SPAM legislation and specifically amends PIPEDA to prohibit the collection of personal…

Compliance Reports Regulation Filed Under Wage Freeze Act

On January 17, 2011, the Ontario government filed O. Reg. 6/11 under the Public Sector Compensation to Protect Public Services Act, 2010. The regulation specifically prescribes the following Compliance Reports, which are required to be given to the Minister under section 13(1) of the Act (Reports by employers): a compliance report for the period beginning…

Ambulance Act Regulation Filed

On December 30, 2010, the Ontario government filed amendments to Regulation 257/00 (General) under the Ambulance Act. O. Reg. 527/10 changes the heading of Part V from “Standard of Patient Care and Transportation” to “Standard of Patient Care and Documentation”, among other things. The amendments also add a new section 11.1, requiring ambulance operators, emergency…