Diane Harbin

Diane provides strategic advice and representation to employers in both the private and public sectors on a wide-range of labour, employment and human rights issues. This includes wrongful dismissal actions, disability related litigation, labour disputes, grievance arbitrations, and human rights and accommodation.

New Standard of Review for Treatment Capacity Appeals – The Vavilov Effect

In December 2019, the Supreme Court of Canada established a new framework that is designed to guide 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) (collectively, Vavilov) represents an express departure and evolution from the framework that the Court set out in previous cases. Consequently, these decisions will affect the standard upon which Consent and Capacity Board (CCB) appeals will be heard by the courts.

New Year – New Standard of Review

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

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.

School Board Management Conference 2019

Change is a constant in the human resources world, particularly for Ontario’s school boards. Ongoing developments in the law, whether through new legislation, arbitrations or the courts, and the rapid evolution of best practices create a fast-paced learning environment for human resources professionals, directors of education, supervisory officers and trustees.

Judicial Review and Appeals

In litigation, the battle isn’t always over after the first decision. Protecting your interests throughout subsequent judicial review and appeals processes requires expertise, experience and skilled advocacy.