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Archive For Entries On Estoppel

SCC Increases the Level of Judicial Deference to Labour Arbitrators

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 [...]

So You Got Punched By a Cop: Disciplinary Action or Civil Suit? Issue Estoppel in Penner v. Niagara (Police Services Board), 2010 ONCA 616

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 [...]