Almost one in five insolvencies in Canada (a bankruptcy or consumer proposal) involves someone who has experienced a marital or relationship breakdown. Often the financial problems occurred long before the divorce. Financial pressures often increase after divorce as two households are now trying to … [Read more...]
Gender Equality in Canadian Politics
There is a long-standing concern about the under-representation of women (and minorities) in our political system. There are several theories about why these groups are not reflected in politics in ways that represent their numbers in Canada. The issue has been recognized, and recently, a proposed … [Read more...]
Supreme Court: No Warrant to Swab Your Genitals? No Problem!
In a logically confusing and weakly justified ruling rendered on June 23, 2016, the majority of the justices of the Supreme Court of Canada in R. v. Saeed decided that upon arrest, without warrant or consent, when Mr. Saeed was commanded to drop his trousers and a cotton-tipped swab was wiped along … [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...]
Prevention and Relief of Poverty
A couple of years ago, the refusal of the Canada Revenue Agency (CRA) to allow Oxfam Canada to include prevention of poverty in its objects if it wanted to retain its status as a registered charity drew widespread press attention. The CRA took the position that relief or alleviation of poverty was … [Read more...]
Obtaining Evidence in High Conflict Parenting Disputes, Part 1: Lawyers for Children
In most disputes over parenting time, parents come to reasonable decisions about what is in their child’s best interests. However, a small percentage of disputes are “high conflict”. In high conflict cases, the parents have great difficulty communicating, make decisions together, and treating each … [Read more...]
What Types of Proceedings Can You File Under the Bankruptcy & Insolvency Act?
The Bankruptcy & Insolvency Act regulates insolvency law in Canada. This legislation governs both business proceedings and personal procedures. In terms of personal insolvency, individuals have three basic legal measures available to them to obtain relief from creditors. The primary types of … [Read more...]
Bad Scholarship?
Many years ago I played a small part in the unearthing of a controversial scholarship at the University of Toronto that was, among other things, restricted to white, Protestant candidates. It was called the Leonard Scholarship and dated from 1923. After being featured in a student newspaper of … [Read more...]
The Production of Cell Tower Records Breaches Canadians’ Privacy Rights
Justice Sproat of the Ontario Superior Court of Justice in R. v. Rogers Communications Partnerships [2016] O.J. No. 151 has ruled that police cannot seek the production of cellphone records of thousands of Canadians in order to pursue investigations. This means that the personal information of … [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...]
