Now charities provisions in the 2012 federal Budget generated more attention than any measures relating to the sector have in a very long time. The government announced that it was tightening rules around charities’ political activities. The focus of the new requirements was mostly on enhanced … [Read more...]
Opening Closed Doors – When should domestic violence victims sue their abusers?
Mr. Dhaliwal hit his wife with a closed fist and a broom handle and was convicted of criminal assault. In the divorce, Ms. Dhaliwal included a tort claim for assault and battery and asked for damages (money). She won. Mr. Danicic intimidated and harassed his former partner by mailing her … [Read more...]
Mandatory Retirement in Canada Has “Gone the Way of the Kiki Bird” – It’s Very Rare!
One of the first human rights cases I worked on while articling at the Alberta courts involved mandatory retirement. In 1992, Dr. Olive Dickason unsuccessfully challenged the University of Alberta’s mandatory retirement policy (see: Dickason v University of Alberta, [1992] 2 SCR 1103). While Dr. … [Read more...]
Sentencing is Important
No aspect of criminal law gets as little attention as sentencing. And no aspect is as important. After all, almost 90% of all criminal cases end with a sentencing. Yet it’s the verdict that everyone usually focuses on. But this year may be different. The Conservative Government’s Bill C-10 has drawn … [Read more...]
Canadians Blessed with Reliable Legal Information Online
Canadians are fortunate to have a wealth of reliable legal information online. A key source is a core of dedicated non-profit public legal education organizations across the country. These are organizations whose main purpose is to make legal information accessible and understandable to everyone. … [Read more...]
Minimum or Reasonable Notice of Termination?
In 1978 Marek and Gilles started work as salesmen for an Ontario car dealership (HOJ), on an ongoing, indefinite basis. By 1985 they had both been promoted to managerial positions and were earning close to $200,000 (in today’s terms) in total compensation which included commissions, allowances, … [Read more...]
Restrictive Covenants in Employment
“The public have an interest in every person’s carrying on his trade freely: so has the individual. All interference with individual liberty of action in trading, and all restraints of trade of themselves, if there is nothing more, are contrary to public policy, and therefore void. That is the … [Read more...]
What is an Employment Contract?
“Work is one of the most fundamental aspects in a person’s life, providing the individual with a means of financial support and, as importantly, a contributory role in society. A person’s employment is an essential component of his or her sense of identity, self-worth and emotional well-being.” – … [Read more...]
Equitable Doctrines and Maxims
The law of equity includes equitable doctrines and maxims that allow a court to grant equitable relief where there is no relief at common law. Canadian law is mainly comprised of statutes (legislation enacted by Parliament and the provincial legislatures) and common law (the body of law developed … [Read more...]
The Rule of Law: What is it? Why should we care?
The Rule of Law is a basic, essential, and fundamental concept that has been wrestled with by philosophers, individuals, and societies for centuries. Imagine ... Living in a society where one day, while you are safely and reasonably driving your new car down the street, you are pulled over and … [Read more...]
