Reading Time: 5 minutes In the Gladue case, the Supreme Court of Canada considered Aboriginal sentencing provisions in the Criminal Code. … the jail term for an aboriginal offender may in some circumstances be less than the term imposed on a non aboriginal offender for the same offence. R v Gladue,  1 SCR 688 (SCC) at para 93 […]
Reading Time: 4 minutes An exhibitionist teacher, a foul-languaged childcare worker and a lustful caretaker are three more cases of employees getting away with bad behaviour. In my opinion, the phrase “fuck off” is just a forceful and intense way to say “leave me alone” or “go away”. On September 12, 1996, I find that Mrs. Legere used the […]
Reading Time: 5 minutes Unionized employees terminated for cause from their jobs can – and often do – ask their unions to grieve the termination. A termination for cause means the employer has grounds (cause) to terminate the employee. This is different from a termination without cause. After filing the grievance, an arbitration process tests the grounds (cause) for termination.
Reading Time: 5 minutes Between 1993 and 2001, VisuaLABS Inc. – the company built in Calgary, Alberta by Sheldon Zelitt – attracted thousands of investors, raised hundreds of millions of dollars in capital and grabbed the attention of the global technology press. The promise of two technologies Zelitt developed generated excitement. However, none of this technology existed. It was all hype and deception. This article describes how the justice system dealt with this major commercial fraud.
Reading Time: 5 minutes It appears to me to be a consideration of great weight in determining the meaning of the word “Indians” in the British North America Act that the Eskimo were recognized as an Indian tribe by the officials of the Hudson’s Bay Company which, in 1867, exercised powers of government and administration over this great tract […]
Reading Time: 3 minutes It is an outcome that is anchored in parliamentary intention, statutory language, arbitral jurisprudence, and labour relations practice. To decide otherwise would fundamentally undermine Parliament’s remedial purpose. – Wilson v Atomic Energy of Canada Ltd., 2016 SCC 29 at para 69 Employment security is something every worker is concerned about, especially during a pandemic. It […]
Reading Time: 5 minutes [T]he appellants … were, after all, the registered owners of the disputed parcel, which the respondents have now acquired through adverse possession. The litigation was necessary to resolve this dispute, even though it was undoubtedly expensive and unfortunate for both sides. – Reeder v Woodward, 2016 ABCA 91 at para 34 Adverse possession, also known […]
Reading Time: 6 minutes Commercial and residential property taxes are by far the largest source of revenue for Canadian municipalities – about one third of the budgets in large cities. Other revenue streams include provincial grants and licenses, permits and user fees. Residential accommodation is taxed on market-based values. Municipal assessors annually determine and issue an assessment for each […]
Reading Time: 6 minutes 33 (1) Parliament or the legislature of a province may expressly declare in an Act of Parliament or of the legislature, as the case may be, that the Act or a provision thereof shall operate notwithstanding a provision included in section 2 or sections 7 to 15 of this Charter. Section 33 of the Canadian […]
Reading Time: 5 minutes On February 28, 2020, the Supreme Court of Canada refused to strike damages claims for international human rights abuses and Canadian torts by three former workers at a Canadian majority-owned mining company in Eritrea. In the five-to-four majority decision in Nevsun Resources Ltd v Araya, the court signalled that Canadian courts are open to hear […]