Unions are accountable to workers by the doctrine of "duty of fair representation", the parameters of which are set out in case law. Plight of the unionized worker The average unionized worker is in a weak position at work. In many workplaces he will, as a condition of employment, be required to … [Read more...]
Accommodation in Tenancy: Assistance and Support Animals
Sometimes tenants require the assistance and support of an animal. Are landlords required to accommodate a tenant with an assistance or support animal? Well, part of the answer depends on the type of animal involved: does the situation involve a disabled tenant with a qualified service or guide dog, … [Read more...]
Alternatives to Court: Arbitration
In our first column in this series, I introduced the basic alternatives to resolving family law disputes in court – negotiation, mediation and arbitration – and talked about some of the surprising research on lawyers’ views about litigation. In the second column, Sarah Dargatz wrote about … [Read more...]
Human Rights and Extradition
Recently, extradition has been front and centre in our news cycle (see: CBC, January 22, 2019 “China accuses U.S., Canada of abusing extradition in Huawei case”). There are very important human rights aspects to the process of extradition. These are critical to our democracy and the rule of law. For … [Read more...]
Important Concepts in Environmental Law – “Polluter Pays”
Your parents may have told you: “If you make a mess, you have to clean it up.” In a nutshell, that is the basis of the “polluter pays” principle. There is a lot wrapped up inside the simple principle of polluter pays. The roots of the principle come from economics rather than from … [Read more...]
Convicted on Sexism: How does sexist reasoning in favour of the complainant work in today’s #metoo culture?
In R. v. J.L. 2018 ONCA 756, The Ontario Court of Appeal allowed the appeal of an accused who was convicted of sexual assault. The trial judge convicted the accused because he felt that the complainant would not engage in the acts as described by the accused because she was a young woman. The … [Read more...]
What is ‘Self-Dealing’ in Employment?
Introduction While they have human bosses, most employees work for corporations, which are legal fictions with no physical existence. That renders employers technically vulnerable to their own employees who might want to take advantage of them. It is both impossible and undesirable to scrutinize … [Read more...]
Believe It or Not Tenancy Questions
Here at CPLEA, we receive hundreds of questions about landlord and tenant issues every year. While a majority of them are relatively straightforward, we occasionally receive some questions that leave us scratching our heads or in a state of disbelief (or sometimes a bit of both). In this article, … [Read more...]
Charities’ Political Activities Question Quieted, If Not Fully Resolved
The long tumult over registered charities' role in public policy debate appears on the cusp of being resolved, or at least being significantly quieted, in the wake of three recent developments. First, in December, the federal government enacted legislation to amend the Income Tax Act (ITA) in … [Read more...]
Legislation By Thunderbolt: the Remarkable Career of Dave Barrett
“True enough, the country is calm. Calm as a morgue or a grave, would you not say? -Vaclav Havel I recall an era where progressive politics in Canada was both exciting and a little bit dangerous for the wealthy elite and the power brokers. One of the first politicians who engaged my interest … [Read more...]
