No Party may directly or indirectly nationalize or expropriate an investment of an investor of another Party in its territory or take a measure tantamount to nationalization or expropriation of such an investment ("expropriation"), except: (a) for a public purpose; (b) on a non-discriminatory … [Read more...]
Cumulative Cause.2
Introduction The constitutional freedom of expression that Canadians enjoy does not extend to private workplaces. What are employee limits on speaking out against private employers?The last Employment Law column narrated the story of Ms. Kim, a media specialist in the position of Senior … [Read more...]
The Story of Linda Gibbons
Every one who, without lawful excuse, disobeys a lawful order made by a court of justice or by a person or body of persons authorized by any Act to make or give the order, other than an order for the payment of money, is, unless a punishment or other mode of proceeding is expressly provided by law, … [Read more...]
Cumulative Cause.1
The workplace “was not a grade five classroom”. Kim v. International Triathlon Union IntroductionThe workplace is a challenging setting to manage. One must be proficient at dealing with a range of people with all kinds of personalities, backgrounds and styles. The manager in small … [Read more...]
Equality Rights for Transgender Individuals in Canada
The most recent personal attributes added to the list of prohibited grounds of discrimination in Canadian human rights are “gender identity” and “gender expression.” This is generally viewed as facilitating gender diversity and, in particular, establishing legal rights and protections for … [Read more...]
Bankruptcy, Insolvency and Receivership
Canadian commercial insolvency law is not codified in one exhaustive statute. Instead, Parliament has enacted multiple insolvency statutes, the main one being the Bankruptcy and Insolvency Act. The BIA offers a self-contained legal regime providing for both reorganization and liquidation. It is … [Read more...]
Legal Remedies at Human Rights Commissions
Introduction Canada has one federal and separate provincial and territorial Human Rights Commissions established and governed by their respective enabling legislation. These human rights commissions exist to protect human rights, prevent discrimination, foster equality and resolve complaints. The … [Read more...]
The Law of Costs and the Cost of Law
IntroductionEquality is one of the most important underpinnings of law and justice. This encompasses equal access to the law. Numerous initiatives ease the difficult and expensive engagement with law that most citizens encounter. These measures include free public legal databases, pro bono … [Read more...]
Constructive Dismissal Still Under Construction
“constructive dismissal can [occur when]… a series of acts that, taken together, show that the employer intended to no longer be bound by the contract.” - Potter v. New Brunswick Legal Aid Services Commission[2015] 1 SCR 500 http://canlii.ca/t/ggkhh Introduction Constructive dismissal … [Read more...]
Rasouli: Withdrawal of Medical Treatment
“… a myriad of important interests, such as the integrity of our health care system, (is) at stake.” - Cuthbertson v. Rasouli, [2013] 3 SCR 341 Introduction In October 2010, Mr. Rasouli underwent surgery at Sunnybrook Health Sciences Centre in Toronto, Ontario to remove a benign brain tumour. … [Read more...]
