Practice Area: Litigation

Supreme Court of Canada: Work Place Safety Inspections Under Canada Labour Code Only Apply to Work Place Over Which Employer Has Control

· 5 min read

The Supreme Court of Canada has held that an employer’s work place inspection obligations under the Canada Labour Code (Code) only extend to that part of the work place over which it has physical control, and not to locations beyond its control where its employees may be engaged in work. This decision is welcome news for employers that may require employees to work outside of the employer’s physical location.

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.

Changes Are Coming to the Justice System in Ontario

· 3 min read

On December 9, 2019, the Ontario government tabled Bill 161, Smarter and Stronger Justice Act, 2019, omnibus legislation that, if passed, would enact significant changes to the justice system through amendments to numerous statutes. Set out below is a brief summary of the notable changes to the Class Proceedings Act, 1992, the Courts of Justice…

FTR Quarterly – Issue 15

· 13 min read

In This Issue: Protection in the Face of Employee Fraud, Key Human Resources Decisions in in 2019 and Cases to Monitor in 2020 and more!

The Advocates’ Society: Employment Litigation Advocacy

Hear practical advocacy advice from senior counsel who specialize in employment law litigation. Whether you act frequently on employment matters, or are looking to expand your expertise, this program offers insights for all.

Advantage CPD: As the World Turns – Legislative/Case Law Updates in Labour and Employment Law

In a fast paced review, we will examine federal and Ontario legislative changes followed by a review of new risks and liabilities arising out of some recent noteworthy decisions rendered by tribunals, arbitrators and the courts. Before turning to your questions, we will close with a “To Do” list summarizing the learnings.