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  • Article

    Would Casey Jones Get A Second Chance Today? Arbitrator Reinstates Locomotive Engineer After Incident Involving Alcohol On Duty

    As many employers know, the accommodation process is far from simple.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    International Human Rights Claim Allowed To Proceed In Canada Cementing Legal Risks For Canadian Companies Operating Abroad

    In the recent decision of Araya v Nevsun Resources Ltd., the British Columbia Supreme Court has refused to strike proceedings based on human rights abuses alleged to have occurred at a mine located in Eritrea and owned and operated by an indirect subsidiary of a Vancouver-based mining company, allowing the claim to proceed to trial.
    CanadaEnergy and Natural Resources
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
  • Article

    Mining Companies Take Note: May 31st 2024 Modern Slavery Legislation Reporting Deadline

    Canada's Fighting Against Forced Labour and Child Labour in Supply Chains Act (the "Supply Chains Act") came into force on January 1, 2024 and many mining companies...
    CanadaEnergy and Natural Resources
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Supreme Court Of Canada Endorses Liability Without Fault Inenvironmental Matters In Quebec

    On November 20, the Supreme Court of Canada rendered its much anticipated judgment in St. Lawrence Cement Inc. v. Barrette, allowing a class action for neighborhood annoyances in connection with the operation of the cement plant.
    CanadaEnvironment
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    Version Four Of The Equator Principles: Additional Due Diligence Requirements For Project Financing

    The Equator Principles (EPs) is a set of ten voluntary principles or guidelines established to assist financial institutions with identifying, assessing and managing environmental and social risk...
    CanadaFinance and Banking
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Update On Physician-Assisted Death: Superior Court Issues Practice Direction With Requirements For Bringing An Application

    Importantly, the Ontario Superior Court has further directed that the application must be served on the Attorney General for Canada and the Attorney General for Ontario.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    2021 Brings New Pressure On Canadian Businesses To Manage Supply Chain Forced Labour Risks

    As part of the implementation of the Canada-United States-Mexico Agreement (CUSMA), the Customs Tariff Act was amended on July 1, 2020...
    CanadaGovernment, Public Sector
    Gowling WLG
    Gowling WLG
  • Article

    A.M.R.I. v K.E.R.

    In this decision, the Ontario Court of Appeal elaborated on its brief reasons, provided April 18, 2011, setting aside an order to return a child to her mother in Mexico pursuant to the "Convention on the Civil Aspects of International Child Abduction" (the "Hague Convention").
    CanadaGovernment, Public Sector
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    BC Human Rights Decision Sets New High For Damages For Injury To Dignity

    The British Columbia Human Rights Code, like human rights legislation in other provinces, prescribes a number of remedies once the British Columbia Human Rights Tribunal ("Tribunal") determines that a human rights violation has occurred.
    CanadaGovernment, Public Sector
    Miller Thomson
    Miller Thomson
  • Article

    British Columbia (Workers Compensation Board) v. Figliola

    This decision addressed the jurisdiction of the British Columbia Human Rights Tribunal ("BCHRT") to consider an application regarding a Workers Compensation Board ("WCB") policy, when the substance of the application had already been heard by a WCB Review Officer, who had considered the policy and determined that it adhered to the B.C. "Human Rights Code".
    CanadaGovernment, Public Sector
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Canada's Broken Court System Is About To Get Even Worse

    The Canadian court system is in crisis and it's only getting worse.In Toronto, it takes well over a year to have a motion heard before a judge. The shortage of judges has been well covered, but there are other cracks...
    CanadaGovernment, Public Sector
    Levitt LLP
    Levitt LLP
  • Article

    Charter Protection Against Cruel And Unusual Punishment Does Not Apply To Corporations

    The Supreme Court of Canada recently ruled that the constitutional protection against cruel and unusual treatment or punishment under s. 12 of the <em>Canadian Charter of Rights and Freedoms</em> does not apply to corporations.
    CanadaGovernment, Public Sector
    Goodmans LLP
    Goodmans LLP
  • Article

    Getting It Right On Human Rights

    Regardless of size or sector, unionized or non-unionized, all provincially regulated employers in Newfoundland and Labrador are required to abide by the Human Rights Act, 2010 (the "Act").
    CanadaGovernment, Public Sector
    Cox & Palmer
    Cox & Palmer
  • Article

    Human Rights Tribunal Takes On Forum Hopping - Does Not Further The Purposes Of The Code

    The BC Human Rights Tribunal has breathed new life into the concept of what it means to further the purposes of the "Human Rights Code".
    CanadaGovernment, Public Sector
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Manitoba Hunting Case Sheds Light On Métis Rights

    In the recent decision "R. v. Goodon", 2008 MBPC 59, the Provincial Court of Manitoba dismissed a charge of unlawful possession of wildlife against the accused on the basis that he belonged to a Métis community that held an aboriginal right to hunt for food in the area.
    CanadaGovernment, Public Sector
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Non-Status Indians And Métis Now Federal Persons: Duty To Consult And Accommodate May Arise On Rights Assertion

    Métis and non-status Indians are now under federal jurisdiction and may assert Aboriginal rights. This was confirmed by the Supreme Court of Canada in Daniels v. Canada.
    CanadaGovernment, Public Sector
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    One Man’s Trash Is Another Man’s Treasure – The Privacy Implications Of R. v. Patrick

    The saying “one man’s trash is another man’s treasure” has particular resonance given a recent ruling by the Supreme Court of Canada. On April 9, 2009, in a 7-0 decision, the Supreme Court found that an individual who had placed garbage bags for collection at the rear of his property had abandoned his privacy interest in the contents of the bags with them at the curb.
    CanadaGovernment, Public Sector
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Prison Lockdowns And Charter Damages: Ogiamien v Ontario, 2016 ONSC 3080

    On May 10, 2016, the Ontario Superior Court released its decision in Ogiamien v Ontario, 2016 ONSC 3080.
    CanadaGovernment, Public Sector
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Rising Monetary Awards For Human Rights Breaches

    In one of the more noteworthy trends visible in human rights decisions throughout the last few years, human rights tribunals across the country have been increasing monetary awards to successful...
    CanadaGovernment, Public Sector
    Field Law
    Field Law
  • Article

    Tribunal Rejects Parent's Attempt To Challenge School Lesson On Gender Ideology

    The Ontario Human Rights Tribunal in N.B. v. Ottawa-Carleton District School Board, 2022 HRTO 1044 (CanLII) recently confirmed that including gender identity in lessons taught to grade one...
    CanadaGovernment, Public Sector
    Miller Thomson
    Miller Thomson
  • Showing 361–380 of 1405 results

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