Labour & Employment
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April 14, 2025
CIVIL PROCEDURE - Appeals - Quashing or dismissal of
Appeal by Brown from dismissal of his claim against Sprague and related parties for breach of employment contract titled “Offer of Employment and Commitment to Key Employee.” The key issue was whether Brown, as a lawyer for the respondents, breached his fiduciary duties when entering into the employment contract with his clients.
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April 14, 2025
Limitless? When employees become disabled during the notice period
In Saskatchewan Indian Gaming Authority Inc. v. Pasap, 2025 SKCA 15, the court considered the case of an employee who sued for both reasonable notice damages, as well as damages for lost disability insurance benefits, when he became disabled during his claimed notice period. The court of appeal, in its majority and dissenting reasons, demonstrates the tension around determining whether a worker is disabled from all occupations.
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April 14, 2025
Being on bail
It seems to be a common belief in Canada that it’s too easy for people to get bail after being accused of a crime. And that being on bail is easy. I want to focus on what living on bail is like for most people.
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April 11, 2025
Housing boom could exacerbate tax fraud in construction industry, warns union
One of Canada’s largest construction unions is warning that a major push by governments to build more homes to address the housing affordability crisis could also raise the risk of increased tax fraud in the construction industry.
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April 11, 2025
B.C. Court of Appeal: Labour arbitration appeals lie with labour board barring exceptional cases
The British Columbia Court of Appeal has clarified that its jurisdiction over labour arbitration decisions is strictly limited to matters of general law entirely unrelated to labour relations, collective agreements or fact-based determinations tied to workplace disputes.
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April 11, 2025
Quebec bolsters secularism rules as Supreme Court hears challenge to controversial law
Barely two months after the Supreme Court of Canada agreed to hear a challenge to Quebec’s controversial secularism law, widely known as Bill 21, the Quebec government tabled a contentious bill that will tighten secularism rules, extending the province’s ban on the wearing of religious symbols to support staff, including volunteers, in schools.
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April 11, 2025
Civil Rules overhaul: Will it lead to more wrongful dismissal trials?
There has been a lot of talk about the recent Civil Rules consultation paper, which proposes a radical overhaul of the civil litigation process in Ontario. The proposal is intended to reduce cost and delay through a “shift from a relevance-based standard of discovery to the significantly less expensive reliance-based standard of discovery.”
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April 10, 2025
Constitutional clash brewing as Ottawa targets immigration bar with up to $1.5 million in admin penalties
Bar organizations are warning Ottawa that a new administrative monetary penalty regime to be applied to legal professionals — featuring penalties of up to $1.5 million for immigration and refugee lawyers determined by federal officials to have participated in clients’ misrepresentations — will be constitutionally challenged if lawyers are not exempted from the proposed regulations, which are expected to come into force later this year.
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April 10, 2025
Federal Court rejects Canada's motion to strike class action alleging RCMP doctors' misconduct
The Federal Court has dismissed a motion by Canada for an order to strike out portions of a statement of claim and to amend common issues in a class-action proceeding related to alleged abuses by medical doctors employed by the RCMP.
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April 10, 2025
PUBLIC PENSION PLANS - Canada Pension Plan - Severe and prolonged disability - Appeals and judicial review
Application by applicant for judicial review concerning his eligibility for a disability pension under the Canada Pension Plan (CPP). The applicant, a former journalist and university instructor, suffered from post-traumatic stress disorder, depression and rheumatoid arthritis.