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.
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
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
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.
Successfully moved for summary judgment on a financial institution’s counter-claim regarding repayment of an outstanding loan in a wrongful dismissal action.
Successfully moved for summary judgment on a financial institution’s counter-claim regarding repayment of an outstanding loan in a wrongful dismissal action.
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 Reginio is a labour and employment lawyer in Hicks Morley’s Toronto office. He specializes in public sector labour relations, human rights, pay equity, education law, and equity, diversity and inclusion in the workplace. Sean frequently supports social services, non-profit, and education sector clients.
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.
Wrongful & Unjust Dismissals
Understanding and navigating issues that arise upon the termination of an employment relationship is no simple matter – particularly with ongoing changes in employment standards legislation, complex human rights issues and advances in technology.
Privacy
In the digital age, privacy litigation is one of the most dynamic areas of law. The law is evolving quickly, drawing on concepts developed before privacy regulators and in criminal cases. Matters are often litigated in a technical context, requiring an understanding of information systems and complex new and emerging technologies. Moreover, the “open courts” principle can conflict with the need to keep information secret and complicate litigation.