BenchPress – Vol 40-5

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1. Miscarriage as a Workplace Disability The Ontario Human Rights Tribunal has issued a decision stating that a miscarriage can be a disability.  Winnie Mou was dismissed from her position after failing to meet work targets.  She had missed three weeks of work due to a deep tissue injury, and several months later had a […]

BenchPress – Vol 40-4

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Gonzo Language! The Federal Court of Appeal used some unusually strong language in a recent judgment about a claim for costs. The claim was made by the two lawyers who successfully challenged the appointment of Judge Marc Nadon to the Supreme Court of Canada. Together, the two lawyers asked for almost $70,000 in costs. The […]

Bench Press – Vol 40-3 Autism, Homeopathy and Custody

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Two small boys with severe and profound autism spectrum disorder were at the centre of a custody dispute between their parents. The children have seen a myriad of medical and health care professionals. The father began giving the boys a series of homeopathic treatments after consulting with homeopathic practitioners. In addition, he took the children […]

BenchPress – Vol 40-2

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Talking to Siri The Nova Scotia Supreme Court has upheld a ruling by a provincial court judge about the definition of “using” a cellphone. Dr. Ajirogho Ikede is a medical officer in the Canadian Forces. A policeman observed him driving his car while holding his cellphone in his hand. He was charged under the Nova […]

Bhasin v Hrynew – An Innovative Expansion of the Common Law Doctrine of Good Faith

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The creation of “a general duty of honesty in contractual performance” by the Supreme Court of Canada in Bhasin v Hrynew, 2014 SCC 71 [Bhasin SCC] simply recognizes that “parties must not lie or otherwise knowingly mislead each other about matters directly linked to the performance of the contract” (para 73). The highest court in […]

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