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.
Practice Area: Litigation
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.
Pensions, Benefits & Compensation
It’s not just about the money. Increasingly, compensation packages feature complex designs that incorporate pensions and benefits along with creative bonus plans as well as stock and equity options. Defending organizations against employee claims for entitlement to these inclusions requires a multi-disciplinary approach that incorporates pension law, employment law and tax law expertise—and Hicks Morley delivers.
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.