Labour arbitration affords an economical, accelerated and informal mechanism to maintain peaceful industrial relations and address the economic needs of an enterprise. Arbitrators adjudicate disputes by interpreting the language of the collective agreement, hearing evidence, and determining the obligations of the employer and the union. When arbitration decisions are challenged, the legal approach taken by [...]

Though a few weeks old by now, the recent decision by the Federal Court in Poker v Mushuau Innu First Nation 2012 FC 1 [Innu] was too interesting to go without comment. In Innu, the Court set aside a First Nation Band Council election due to a series of shortcomings in the election process.

Mrs. Penner was on trial for the weighty offense of not properly displaying two valid license plates. Mr. Penner, her husband and the appellant in a juicy case before the SCC this month, sat in the very back of the courthouse, wearing sunglasses and chewing gum. Cst. Koscinski sat directly behind Mr. Penner, awaiting an [...]

One necessary implication of the growth of the administrative state—and the legislative delegation of various social and economic responsibilities to the executive—is the diffusion of human rights jurisdiction over a broad cross-section of decision-makers. To the degree that a large number of actors and tribunals make decisions with either direct or incidental effects on people’s [...]

Facts and Judicial History
 Vancouver’s Downtown East Side (DTES) has long been known for its rather unique neighbourhood makeup. 4,600 intravenous drug users, nearly half of all of those in the city are crammed into just a few city blocks that are littered with evidence of the bleak existence of its inhabitants. 

By the early [...]

Cargill Incorporated (“Cargill”) is a US-based company that manufactures high fructose corn syrup (“HFCS”), a low-cost substitute for cane sugar that is used as a sweetener in soft drinks. Mexico, the world’s second largest per capita consumer of soft drinks, implemented various trade barriers to protect its domestic sugar cane industry from foreign-produced HFCS. In [...]

On October 7, 2010, Mr. Hassan Rasouli underwent brain surgery at the Sunnybrook Health Sciences Centre to remove a benign tumour. A number of “complications” occurred after the operation, however, and Mr. Rasouli contracted a severe case of bacterial meningitis. Within 10 days of the operation, he was breathing through a mechanical ventilator. To this [...]

A short time ago, in Canada, there were three bungling giants in the telecommunications industry: Bell, Rogers, and Telus. By many accounts, when it came to customer service and satisfaction, each was as bad as the other: they forced customers into non-negotiable and eternal contracts, riddled their bills with unexpected charges, and as a final [...]

On December 23, 2010 the SCC released its long-awaited decision in Canada (Attorney General) v. TeleZone Inc. 2010 SCC 62 (Telezone). This decision finally puts to rest the contentious debate over whether private law actions involving the decisions of federal administrative decision makers must be first adjudicated by way of judicial review in the Federal [...]

iTunes, Amazon.com, Puretracks.com, Rogers Music Store, Sympatico Music Store. For those music lovers who legally download music, these various websites are but a few examples of online sources for mp3 and AAC downloads. As part of the digital consumer experience and convenience of online shopping, previews of songs are provided: 30 second clips that allow [...]