2011

Bad faith dismissal

Court confirms arbitrator's remedial authority to award damages for lost income, mental distress and pain and suffering, as well as punitive damages. Read More...

Defamation: Internet Hyperlinks

In Crookes v. Newton, the Supreme Court of Canada found that a simple reference–like a hyperlink–to defamatory information is not the type of act that can constitute publication. Read More...

Probationary Employees

In face of prima facie complaint of discrimination, employer has positive obligation to hire probationary employee or provide reasons for failure to do so. Read More...

A policy imposing tougher requirements on retired teachers not age discrimination.

In Law v. Thames Valley District School Board, the Ontario Human Rights Tribunal held a school board policy requiring retired teachers, but not new teacher's college graduates, to be certified in one or more of French, special education, music, or technology before they could be placed on the occasional teacher list was not discriminatory on the basis of age. Read More...

Mandatory retirement of Air Canada pilots at age 60 is bona fide occupational requirement

In Vilven and Kelly v. Air Canada and Air Canada Pilots Association, the Canadian Human Rights Tribunal dismissed a complaint by two Air Canada pilots alleging that the airline's mandatory retirement policy constitutes prohibited age-based discrimination under the Canadian Human Rights Act. Read More...

Employee or Independent Contractor?

The intention of the parties counts when determining whether it is an employer or contractor relationship. Read More...

Real Estate Agent Liable for Vendor Misstatement

In the case of Krawchuk v. Scherbak, the Ontario Court of Appeal held a real estate agent and her employer equally liable with the sellers for negligent misstatement in filling out a Seller Property Information Statement. Read More...

Law firm partner an employee, mandatory retirement breaches Human Rights Code

A judge has ruled that a partner in a large law firm is an employee for purposes of the B.C. Human Rights Code and can pursue a complaint that his forced retirement at age 65 constitutes age discrimination. The judge ruled that the fact that the lawyer had a business interest in the firm did not preclude a finding that, in substance, the lawyer's relationship with the firm was more akin to an employer/employee relationship than a business arrangement, thus attracting protection under the Code. Read More...

Congratulations West Wind Group of Companies!

West Wind Aviation was again designated as one of “Canada’s 50 Best Managed Companies.” Read More...

The Science of Why We Don't Believe Science

Cold hard facts and scientific evidence seldom change the minds of those who already hold a strong opinion. Read More...

F*ck you. Pay me.

Please forgive the title. I have copied it from the link you will find in the body of this blog. Read More...

Notice of Resignation

You cannot shorten a resignation date without cause. Read More...

Our Deepest Fear

Nelson Mandela quoted this from Marianne Williamson in his 1994 Presidential Inauguration speech.
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Court Ruling on Same-sex Marriage Ceremonies

The Saskatchewan Court of Appeal has ruled that possible legislative amendments that would allow marriage commissioners to refuse to perform same-sex marriage ceremonies were unconstitutional.
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