The Right to Physician-Assisted Suicide β Carter v. Canada, 2015 SCC 5
Introduction In February 2015, the Supreme Court of Canada released this landmark decision holding that it violates Charter rights to deny access to physician-assisted suicide to a competent adult person, who clearly consents to the termination of their life in the face of a grievous and irremediable medical condition that causes intolerable suffering. The Court...
Continue reading the post titled The Right to Physician-Assisted Suicide β Carter v. Canada, 2015 SCC 5Does βI Quitβ Really Mean βI Quitβ?
Case law has not always been clear on what constitutes a resignation by an employee. More often than not, it seems very difficult for an employer to establish a resignation where the employee changes his/her mind down the road. However, in Kerr v. Valley Volkswagen, 2014 NSSC 27 (CanLII), the court did just that. Mr....
Continue reading the post titled Does βI Quitβ Really Mean βI Quitβ?Another noise lawsuit
A group of Calgary residents have launched another civil lawsuit, trying to force a local chicken processing plant (Lilydale) to slash noise and odour.Β The statement of claim asks the Alberta Court of Queenβs Bench to order Lilydale to stop night-time trucking at its Hurst Road plant, limit odour pollution, and fully enclose chicken waste bins....
Continue reading the post titled Another noise lawsuitNew SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive Dismissals
Most employers are familiar with the most common changes to employment contracts that can trigger a constructive dismissal: changing pay, hours, demotions, duties, work location, etc. However, in the March 2015 decision of Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court of Canada overturned two lower court decisions, finding that an 8-week...
Continue reading the post titled New SCC Decision Finds Paid Administrative Suspensions Can Trigger Constructive DismissalsThe New Reality β Summary Judgment Motions
Following a recent decision, Michael Polvere describes why the old adage “I’ll get my day in court”, in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin,[1] which was decided by the Supreme Court of Canada in January of this year;...
Continue reading the post titled The New Reality β Summary Judgment MotionsMOECC Updates – May 2015
As part of our ongoing efforts to keep you informed of environmental issues that could impact your business, we have collected this list of recent MOECC news and fines for violations of the Environmental Protection Act and the Ontario Water Resources Act. If you have any questions or would like more information about how theseΒ RegulationsΒ have...
Continue reading the post titled MOECC Updates – May 2015MOECC Updates β June 2015
As part of our ongoing efforts to keep you informed of environmental issues that could impact your business, we have collected this list of recent MOECC fines for violations of the Environmental Protection Act and the Ontario Water Resources Act. If you have any questions or would like more information about how these Acts have...
Continue reading the post titled MOECC Updates β June 2015Towards a New Class Action Certification Costs Framework?
Introduction In a succession of decisions issued in November 2013, Justice Belobaba articulated a new framework for determining the appropriate level of costs to be awarded on class action certification motions.1Β Citing the fundamental objective of access to justice, Belobaba J. expressed a preference for a no costs regime in class proceedings.Β His Honour indicated...
Continue reading the post titled Towards a New Class Action Certification Costs Framework?Building energy audits
One feature of the Green Energy Act will be the compulsory disclosure of energy performance information when buildings are sold. This is already an established practice in Europe, since the 2002 Directive of the European Parliament on the energy performance of buildings. “Efficient, high quality energy audits” are also a key element of the EUΒ Energy...
Continue reading the post titled Building energy auditsJurisdictional Issues in Canadian Defamation Law: Can you sue in your home province?
In this new article Siskinds Associate Mike Polvere takes an in depth look at the issue of cross border litigation and defamation. He discusses how the courts go about choosing the best jurisdiction to hear the matter. Is it prudent to start a libel action in Canada if the person who defamed you resides in...
Continue reading the post titled Jurisdictional Issues in Canadian Defamation Law: Can you sue in your home province?Receive Blog Posts
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