Labour & Employment

Wednesday, September 06, 2023 @ 3:57 PM

The Federal Court has dismissed a motion seeking authorization to call witnesses in an application for judicial review of Canadian Human Rights Commission decision to not deal with a complaint against VIA Rail Canada because a grievance procedure was reasonably available. ... [read more]

Wednesday, September 06, 2023 @ 2:14 PM

Have you ever asked yourself, “What am I doing here?” “I don’t belong, and surely they think so too” or “Do I bring any value to the table?” During my first year of law school, I often had these thoughts, as they did for many of my peers. If these sentiments resonate with you, it may indicate the presence of impostor syndrome. ... [read more]

Wednesday, September 06, 2023 @ 12:51 PM

With a view to ending the criminal justice system’s systemic discrimination and overrepresentation of Black people, both as accused and as victims, the federal Department of Justice (DOJ) has begun online and in-person consultations asking Black people and their communities — as well as representatives of organizations that provide justice-related services and supports to Black communities — their views on developing Canada’s “Black Justice Strategy.” ... [read more]

Wednesday, September 06, 2023 @ 12:07 PM

An appeal by a Quebec City company that was found guilty of criminal negligence causing the death of one of its workers was dismissed by the Quebec Court of Appeal in a “very important” decision that may spur law enforcement officials and Crown prosecutors across the country to be more aggressive and hold to account organizations and decision-makers for workplace deaths, according to legal experts. ... [read more]

Wednesday, September 06, 2023 @ 9:55 AM

While never an ideal outcome, it is crucial for employers to know how to properly navigate the employee’s termination when they occur. Generally speaking, there are two types of employment terminations: termination for cause and termination without cause. This distinction is important, as they require different approaches, and mishandling them can create liabilities and headaches. ... [read more]

Wednesday, September 06, 2023 @ 6:12 AM

Appeal by Province of Manitoba (Manitoba) from trial judge’s damages award to members of University of Manitoba Faculty Association (UMFA) on grounds that trial judge made errors of law and of fact in reaching her conclusion. The University of Manitoba (University) and UMFA were engaged in contract negotiations. The University offered UMFA a comprehensive offer which included a seven per cent wage increase over four years which would have represented a 17.5 per cent wage offer over the four-year period. ... [read more]

Tuesday, September 05, 2023 @ 4:45 PM

Faced with loud complaints that Ottawa chronically takes too long to fill vacancies on the superior courts, the Liberal government has announced that new members of its 17 judicial advisory committees (JACs) which vet applications for the bench across Canada will serve for three years, rather than two, while the JACs’ evaluations of individual applicants as “highly recommended,” “recommended” and “unable to recommend” for the federal benches are similarly extended to three years from two, as of Aug. 1. ... [read more]

Tuesday, September 05, 2023 @ 2:22 PM

Ontario Premier Doug Ford announced changes to his cabinet on Sept. 4 following Steve Clark’s resignation as minister of municipal affairs and housing. ... [read more]

Tuesday, September 05, 2023 @ 1:27 PM

Generative artificial intelligence (GAI) tools, such as ChatGPT, have been a hot topic for the legal profession over the past year, with courts, associations and law schools grappling with the implications of the technology. A new report, issued by LexisNexis Canada, noted that a vast majority of the Canadian legal market had “significant” concerns about the ethical implications of generative AI and over half of the profession, as well as students, believe it will “change law schools and the way law is taught and studied.” ... [read more]

Tuesday, September 05, 2023 @ 1:00 PM

When I completed my writing the first week of August 2023 about New Brunswick and policy 713, I thought maybe, maybe, I’m done and let’s wait and see what happens in that province. Well, I was clearly wrong. The minister of education in Saskatchewan has clearly taken a page from the education minister in New Brunswick. In terms of public school education, these policies are arguably patently unlawful. It is about the best interests of the child and the welfare of the child as “even” the Saskatchewan Court of Appeal recently alluded to. See Peterson v. Peterson 2019 SKCA 76. ... [read more]