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Social Networking From an Employment Law Perspective – a CCCA Spring...
These are notes from a panel discussion by George Waggott, Partner, McMillan LLP, Toronto, Nina Barakzai, Sky Media, UK, Lyndsey Wasser, Partner, McMillan LLP, Toronto, and Lewis Gottheil, Counsel,...
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Bills to Enact Pooled Registered Pension Plans
As anticipated, since the federal Pooled Registered Pension Plans Act came into force December 14, 2012, several provinces have followed suit and tabled legislation to implement the new kind of...
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Discontinuance of the Printed Edition of the Canada Gazette
Division 27 of Part 4 of the federal Jobs, Growth and Long-term Prosperity Act (legislation to implement Budget 2012 measures), which received royal assent on June 29, 2012, will repeal section 13 of...
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Senate Spending Scandal Could Result in Criminal Charges
Questions have been raised about the spending of Senators Mike Duffy, Pamela Wallin, Patrick Brazeau and Mac Harb, especially after the involvement of Nigel Wright, former Chief of Staff for the Prime...
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The Failure of Personal Data Retention
Two basic privacy principles are that no more personal info should be collected than necessary, and it should not be kept any longer than necessary. That flies in the face of repeated attempts by...
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The Privacy Commissioner’s Case for Reforming PIPEDA
With 10 years of experience as Privacy Commissioner of Canada behind her, and her term reaching its end, Jennifer Stoddart has released a report titled "The Case for Reforming the Personal Information...
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Bags or Boxes? Plaintiff Fails to Establish That Defendant Is Responsible for...
A recent, and entertaining, decision of Justice Morgan demonstrates how sometimes the court must make decisions in the face of being presented with two compelling, competing, theories. It also...
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The State of Whistleblowing in Canada
Whistleblowing occurs when employees reveal corporate wrongdoing, usually in their organization, to law enforcement. Unfortunately, it is common for whistleblowers to experience demotion, dismissal and...
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Perjury in Dziekanski Tasering Begins Monday
In October 2007 Robert Dziekanski was stuck in a Vancouver airport for 10 hours. An immigrant from Poland, Dziekanski did not speak English and started to get agitated, even throwing furniture. The...
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Zombies, Vampires, Pecking Orders and Factual Causation in Tort
You'll have to skip to about 3/4 of the way through this piece to find out why the title of this piece is what it is. Once upon a time, but not so long ago, Canadian tort law contained a test for proof...
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A Koan for Clements
The Riddle: Q: How many Canadian judges does it take to create a paradox? A: 9 Supreme Court of Canada judges paying insufficient attention to the inconsistent text of their reasons for judgment and 1...
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Hate Speech Provision of the Canadian Human Rights Act Repealed
On June 26, 2013, private member's Bill 304, An Act to amend the Canadian Human Rights Act (protecting freedom) to repeal Section 13 from the Canadian Human Rights Act to ensure the Act doesn’t...
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Gender-Identity Complaint and Our Administrative Setup
Last week Tomee Sojourner, who happens to be a lesbian, filed a complaint of bias against the judge who had presided over a hearing at the Québec Rental Board of a complaint by Ms Sojourner's landlord....
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Reasonable Accommodation Limitations Re-Affirmed
In employment law circles, there is an ongoing debate about how far an employer must go in accommodating a disabled employee to reach the point of "undue hardship". The Supreme Court has held that an...
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Laws With Unintended Consequences
Techdirt reports on a recent Florida law intended to ban slot machines and internet cafes – but the law is worded so badly that it is broad enough to ban all computers, tablets and smartphones. It...
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Quebec’s Act Respecting End-of-Life Care
The Quebec government has followed up on its plans to legalize doctor-assisted suicide. On June 12, 2013, the government tabled in the National Assembly Bill 52, An Act respecting end-of-life care,...
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Another Step Towards Recognizing Queer Parents
Last week the Alberta Court of Appeal ruled on a 7 year long custody battle between gay parents. At issue was the constitutionality of the Alberta Family Law Act and Family Law Relations Act. At the...
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New Deadline for Achieving Pay Equity in Quebec
January 1, 2014, is a new deadline in the application of the Pay Equity Act for Quebec organizations. This is the deadline by which many more employers with 10 or more employees will have to achieve...
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Inquest Into the Death of Brian Sinclair
The Inquest into the death of Brian Sinclair opened yesterday in Winnipeg. Brian Sinclair was a 45-year old homeless, Aboriginal man confined to a wheelchair due to double amputations. On September 19,...
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New Rules and Procedures for Quebec Immigration and Skilled Workers Program
Under the Canada-Quebec Accord, the province of Quebec has the right to select most immigrants destined to their province. Recently, new rules have been adopted regarding procedures for the processing...
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