The Supreme Court of Canada recently overturned a decision of the Québec Human Rights Tribunal (“Tribunal”) which found that Bombardier had discriminated against a pilot, Mr. Latif, by refusing to provide him with training on certain Bombardier aircraft after U.S. authorities denied his security clearance. The unanimous Court found that there was insufficient evidence to…
Practice Area: Litigation
Ontario Passes Legislation to Prevent Proceedings that Limit Freedom of Expression
On October 28, 2015, Bill 52, Protection of Public Participation Act, 2014, passed Third Reading. Bill 52 amends the Courts of Justice Act by adding a section regarding Prevention of Proceedings that Limit Freedom of Expression on Matters of Public Interest (Gag Proceedings). As stated in the Bill, the purpose of the provision is: (a) to encourage individuals…
Raising the Bar – Tenth Edition
“Autumn is a second spring when every leaf is a flower.” Albert Camus Dear Readers, Welcome to Fall 2015! We are excited to bring you this latest edition of RTB as you get ready for the changing of the season. In this edition, we have a very interesting collection of decisions that you need to…
Court Awards Consultant 8 Months’ Notice for 2 Years of Service
A recent case demonstrates that despite an agreement characterizing the relationship as one involving an independent contractor, there is always the risk upon termination that the relationship may ultimately be found to require…
2015 Summer Edition
FOCUS ON HUMAN RIGHTS Beyond wrongful dismissal LEGAL DEVELOPMENTS Common pitfalls: use of expert witnesses Class actions beyond certification – the case for defence through trial PROFILE A litigator at heart Download PDF
Ontario Court Issues Significant and Conservative Decision on Scope of Privacy Tort
On August 31st, the Ontario Superior Court of Justice issued a significant decision on the scope of the common law privacy tort – both declining to recognize a cause of action based on “public disclosure of private facts” and…
Ontario Court of Justice Dismisses OHSA Charges Where Worker’s Unauthorized Act Led to Injury
In a recent decision, R. v. ABS Machining Inc., the Ontario Court of Justice dismissed Occupational Health and Safety Act (“OHSA”) charges against an employer where the injured worker’s unexpected and unauthorized act led to his injury. The decision confirms that employers can succeed in defending charges on the basis of due diligence when workers…
Federal Court Confirms “Family Status” Applies to Mother-in-Law
In Canada (Attorney-General) v. Hicks, the Federal Court held that the Canadian Human Rights Tribunal (“CHRT”) did not err when it found that Human Resources and Services Development Canada (“HRSDC”) discriminated against Mr. Hicks in refusing to approve expenses associated with maintaining temporary dual residences after a relocation from Halifax to Ottawa. After Mr. Hicks…
Raising the Bar – Ninth Edition
Dear Friends, Welcome to summer! We’re very pleased to bring you this pre-beach edition of Raising the Bar. In this edition, we’ll guide you through important recent decisions on topics ranging from offers to settle, to case management, to costs, to the question of when is enough discovery “enough”. We will also Shine a Light…
BCCA Affirms Order Requiring Google to Render Domains Unsearchable
Last Thursday, the Court of Appeal for British Columbia issued an important decision in Equustek Solutions Inc. v. Google Inc. about the power of a domestic court to make orders against non-party, internet “intermediaries” – in this case, search engine provider Google. The matter involved an order made to help a network hardware manufacturer enforce…