Practice Area: Litigation

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…

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.

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.

$1.27 Million Damages Award a Reminder to Employers of Perils Associated with Fixed Term Contracts

· 4 min read

In McGuinty v. 1845035 Ontario Inc. (McGuinty Funeral Home), the Ontario Superior Court of Justice awarded a plaintiff over $1.27 million in damages for constructive dismissal after only one year had elapsed of a 10 year consulting services agreement (Agreement). In the absence of a cancellation provision, the defendant was obligated to pay the Agreement…