There may, undoubtedly, be cases justifying a wilful disobedience of such an order; as where the servant apprehends danger to her life, or violence to her person, from the master; or where, from an infectious disorder raging in the house, she must go out for the preservation of her life. But the … [Read more...]
Workplace Bullying: What Employers Need to Know
Bullying in the workplace is slightly different from bullying seen in the childhood sandbox. There is rarely physical violence or threats (although these are possible), and the tormentors may not always be the most obvious culprits. Instead, workplace bullying may not even be noticeable to an … [Read more...]
Being Fired: Employment and Identity
Clearing Your Name: Some Basic Rules if You’ve Been Fired for Fraud You’ve just been fired. It’s probably affecting you financially and emotionally to a great degree. Worse yet, your (now former) employer is saying it is “for cause” or “just cause”, possibly because of as serious an accusation as … [Read more...]
Independent Contractor or Employee?
Payment terms alone do not distinguish an independent contractor from an employee, so we look at five factors and the intention of the parties. With business culture evolving, we see increasingly varied means to manage one of the most expensive and critical components of a business – human … [Read more...]
Marc Ribeiro v. Dragons’ Den
Introduction The modern phenomenon of reality television can be a tough business. What makes it interesting for viewers is what appears to be the spontaneous drama, the unpredictable turns and utterances and the raw, unscripted human confrontation. Television broadcasts the glorious performances … [Read more...]
Viewpoint 39-3: Canada’s Asbestos Policy: Economics trump global health concerns
Asbestos was once considered so safe it was used as an ingredient in toothpaste. Today asbestos is recognized as a potent carcinogen by health experts and scientists worldwide. Despite this, in Canada it seems economic concerns take precedence over health when it comes to the international trade of … [Read more...]
Access to Justice in a post-SWUAV Courtroom
In September 2012, the Supreme Court of Canada significantly changed the law on public interest standing. It did so under the banner of advancing access to justice. After being released, Canada (AG) v Downtown Eastside Sex Workers United Against Violence, 2012 SCC 45 [SWUAV] received praise for … [Read more...]
Public Interest Standing and the Bedford Case
According to law professor Jane Bailey, inaccessibility of justice is becoming an increasingly prevalent problem for middle-class Canadians. Exorbitant fees and lengthy timelines often act as barriers for many who may be interested in having their concerns formally heard and addressed through the … [Read more...]
Solitary Confinement is a National Disgrace
I have been privileged to visit Fort McPherson, in the Northwest Territories, a number of times since 2011. It is a pleasant little Gwich’in community located on the banks of the Peele River southwest of Inuvik, within sight of the Richardson Mountains to the west. It is one of the few remote … [Read more...]
The Right of First Nations Peoples to a Representative Jury
On November 21, 2014, in R v Kokopenace, the Supreme Court of Canada granted leave to appeal a case from the Ontario Court of Appeal (2013 ONCA 389). The case deals with what duty the Ontario government has to ensure that First People who live on reserve are included on jury rolls (list of potential … [Read more...]
