It’s settled: Medical evidence is not required for moral damages suffered by employeesIn employment law, moral damages are awarded to compensate an employee for the employer’s bad-faith manner of dismissal where it was reasonably foreseeable that such conduct would lead to the plaintiff’s mental distress. The question of whether a plaintiff is required to adduce medical evidence in order to obtain moral damages has plagued litigators in this area.
Canadian courts have rendered contradictory decisions, and counsel on both sides have been able to point to appellate authority that supports their clients’ position.
Published in Web exclusive content
Queering refugee claims: IRB gets rid of problematic stereotypes and impossible paradoxesKudos to Canada’s Immigration and Refugee Board for its new guideline designed to prevent queer refugee claims from being unfairly dismissed.  
Published in Web exclusive content
Monday, 01 May 2017 09:01

Court Delays

Court DelaysR. v. Jordan was a wakeup call, but did it really address root causes?
Monday, 01 May 2017 09:00

The solution to court delays

Did the Supreme Court of Canada help anything when it released R. v. Jordan last July, giving courts a timeline before criminal charges are stayed due to delay? Regardless of how you answer that question, you can’t deny that the decision has had an effect. The SCC essentially launched a grenade into the debate about trial delays and how to fix them.
Published in Commentary
Monday, 10 April 2017 09:00

Piercing the judicial veil

Piercing the judicial veilWhen I started practising, it seemed that judges were revered, hardly questioned, seldom heard in public and occupied rarified positions in our society. Not many people would suggest that a judge lived on their street or rode the bus. No one would question their judgments, ethics or stability and certainly not in the media.
Published in Web exclusive content
Supreme selfie: Talking A2J with a former Supreme Court of Canada justiceJudges, lawyers, law students and the public continue to grapple with the access to justice crisis that is far-reaching across the country. Too often, we lament that the system is too complex, too slow and too expensive. The most marginalized members of Canadian society experience significant barriers navigating the justice system on a daily basis.
Published in Latest News
How to keep sexual assault cases on trackCanada’s substantive and procedural sexual assault laws are pretty strong on the books. Consent must be affirmative, contemporaneous and continuous. Mistaken belief in consent must have an air of reality. Sexual history is presumptively inadmissible. Personal records are rarely relevant. Yet only one in 10 sexually assaulted women makes a report to the police and only one out of 10 of these complaints will result in a conviction.
Published in Web exclusive content
'Common employer’ versus the ‘corporate veil’: when competing doctrines collideWith Canada in a technical recession and our economic future even more blurred with the election of Donald Trump, Canadians are facing uncertainty, to put it mildly, when it comes to job security. Some of us watched with entertainment and others with horror as the details of Trump’s six corporate bankruptcies emerged during his election campaign. While Trump’s companies — mostly gaming and casino enterprises — have failed in a highly publicized manner, personally, Trump has, by most standards, escaped rather unscathed.
Published in Web exclusive content
Don’t blame crown attorneys for court delaysThe central thrust of Michael Spratt’s latest article is that the solution to Ontario’s overburdened criminal justice system is for the political wing of government to “reign in” what the author says are complacent, possessive and overzealous prosecutors.
Published in Web exclusive content
Thursday, 29 December 2016 09:00

Is it just mere formalities?

Is it just mere formalities?In Mennillo v. Intramodal Inc., the Supreme Court of Canada examined whether a corporation’s non-compliance with the corporate formalities of the Canada Business Corporations Act can constitute shareholder oppression.
Published in Issue Archive
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