Category: Uncategorized

0

Partridge v Botony Dental Corporation: Wrongful Dismissal and Discrimination on the Basis of Family Status

Ms. Partridge, age 36, worked for the employer for seven years, initially as a hygienist, and thereafter as a dental practice office manager. Following her return from maternity leave, the employer demoted her to her initial hygienist position with reduced hours and pay. Ms. Partridge objected to the material changes in her employment and reminded her employer about its obligations under section 53(1) of the Employment Standards Act, 2000, SO 2000, c 41 to return the employee to her former position. Although the office manager position was still available, the employer did not return Ms. Partridge to this position. Instead, the...

1

Canada’s Newest Justice Minister: Cautious Optimism…

The 2015 Federal Election is certainly one for the history books. Not only did Canadians witness the meteoric rise of ppro Liberal Party, which appeared to have been all but dead after its defeat in 2011; we also saw the highest voter turnout since 1993, and record-breaking increases among youth and First Nations peoples. Indeed, this change of government has generated an air of excitement among many communities across Canada. This honeymoon period has lasted well into last week, when Justin Trudeau was officially sworn in as Prime Minister, along with his new 31-member Cabinet. For the first time in Canadian...

0

Technology, Taxicabs, and Transportation in Toronto: City of Toronto v Uber Canada Inc

A defining feature of this decade has been the advent of disruptive technological innovation. Airbnb is now challenging the traditional hotel industry, Rover is providing drivers with alternatives to astronomically high parking rates, and RelayRides is making it increasingly easier for city-dwellers to not own vehicles. These services are creating increased competition among established industries—residential rentals and commercial parking, for example—and are providing ordinary people with increased alternatives, lower prices, and the chance to earn a bit of extra spending money. Perhaps the most widespread, disruptive, and controversial of these new technologies is Uber, an online “ride-sharing” application operating in...

0

Keeping it in the Family: Municipal Conflict of interest in the Context of Familial Relationships

The decision of the Court of Appeal for Ontario (“ONCA”) in Ferri v Ontario (Attorney General), 2015 ONCA 683 [Ferri] is the latest in a string of municipal conflict of interest cases involving prominent municipal politicians. Mario Ferri was a well-known Regional and City Councillor for the City of Vaughan, Ontario. On his own volition, he brought an application in the Ontario Superior Court (“ONSC”) to determine whether he could participate in Council proceedings with respect to an appeal of the City’s Official Plan to the Ontario Municipal Board (“OMB”). The appellant of the Official Plan was represented by the...

0

The Upcoming General Election and the Supreme Court

In the United States, one issue that gets increasingly discussed in the context of presidential elections is the potential for the elected president to make appointments to the Supreme Court. In the deeply divided American Supreme Court, even one appointment can have a significant impact on the orientation of the Court, especially when it is a so-called “swing” justice who departs. The American justices know this, of course, and as they do not have a mandatory retirement age, it is well-known that some of them have timed their departure to a president close to their political sympathies. This increases the...

2

On Russell Brown’s Appointment to the Supreme Court of Canada

Today marks Justice Russell Brown’s official welcoming ceremony (you can watch the ceremony online here), and yet, I highly doubt Justice Brown feels welcome. His appointment has caused a flurry—no, a torrent—of public disapproval, online frustration on the politicization of the judiciary, and think-pieces on the demise of the Supreme Court of Canada (“SCC”). Some have called for a constitutional challenge to judicial appointments (if only Rocco Galati had his own bat-signal), while others have used the momentum from all the furor to explore more theoretical implications. And yet, none of the criticisms are founded on much. Let’s look through...

0

David beats Goliath? Not quite. Jurisdictional analyses in Chevron Corp v Yaiguaje

Introduction The effects of globalization are deep and far reaching – not least with respect to the Canadian legal framework. As cross-border litigation involving multinational corporations becomes increasingly prevalent, courts are forced to grapple with the challenges of reconciling the domestic and international aspects of these disputes. In Chevron Corp v Yaiguaje, 2015 SCC 42 [Chevron Corp], the Supreme Court of Canada (“SCC”) had the opportunity to clarify the approach to enforcing foreign judgments against corporate entities with Canadian affiliates. In addition to its interesting facts and complex judicial history, this decision is noteworthy for its potential implications on Canadian-related...

0

R v Tatton: The Confounding Distinction between Specific and General Intent

The Supreme Court of Canada’s (“SCC”) recent decision in R v Tatton, 2015 SCC 33 [Tatton] takes place in the context of a larger and more protracted debate about the defence of intoxication. In what cases, if any, can a self-induced state of intoxication negate intent, and provide an accused with a full acquittal? Courts have been grappling with this question since the Exchequer Court’s decision in Reniger v Fogassa, 75 ER 1 (Ex) nearly 500 years ago. In Tatton, the SCC took the opportunity to review and clarify its earlier decision in R v Daviault, [1994] 3 SCR 63...

0

R v Perrone: The Need for Appellate Courts to Address both Credibility and Reliability of a Witness

This case is concerned with the credibility and reliability of a witness, and whether or not the trial judge erred in her assessment of the complainant’s evidence and provided an unreasonable verdict. On February 19, 2015, the Supreme Court of Canada (“SCC”) dismissed the appeal of R v Perrone, 2014 MBCA 74 [Perrone] from the Manitoba Court of Appeal (“MBCA”). The SCC affirmed Monnin J.’s (majority) decision that “the trial judge, through her reasons, has confirmed that she assessed both the credibility and reliability of the witness taking into account the areas of concerns which she outlined” (Perrone, para 48)....

0

The YMCA, Taxation, and Statutory Interpretation: YMCA of Greater Toronto v Municipal Property Assessment Corporation

A recent ruling at the Court of Appeal for Ontario (“ONCA”), Young Men’s Christian Association of Greater Toronto v Municipal Property Assessment Corporation, 2015 ONCA 130 [YMCA, ONCA], held that the Toronto YMCA was not exempt from municipal property taxes on four properties to which it holds leases. The ONCA’s pithy decision rests on principles of statutory interpretation and an avoidance of the lower court’s lengthy discussion of the word “of.”