Human rights tribunal has no power to rule on union worker’s claim: SCC

/ Employment/Labour /

By Tony Poland, LegalMatters Staff • A Supreme Court of Canada (SCC) ruling denying a unionized employee the right to challenge her termination before a human rights tribunal – her only recourse was through her union and the grievance arbitration process in its collective agreement – is a “strong statement,” re-affirming and expanding existing jurisprudence […]

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Alcohol, substance abuse should be seen from ‘place of empathy’

/ Disability Law /

By Tony Poland, LegalMatters Staff • Employee alcohol and substance abuse may be a disability that needs to be treated and not merely seen as a reason for punishment, says disability lawyer Leanne Goldstein. Goldstein, founder and senior lawyer at Leanne Goldstein Law Professional Corporation, says many people do not think of consulting a disability lawyer when their employment is threatened

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Law Society of Ontario approves budget increase for law libraries

/ Legal Services /

By Tony Poland, LegalMatters Staff • Law libraries will get a huge financial shot in the arm after the Law Society of Ontario (LSO) reversed a 10 per cent budget cut, approving the spending of more than $8.5 million to bolster services across the province. “This is fantastic news,” says Michael White, president of the Toronto Lawyers

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Court ruling a lost chance to set the law on ‘harsh’ termination clauses

/ Employment/Labour /

In July 2020, the Ontario Superior Court (OSC) ruled in Battiston v. Microsoft Canada Inc. that, when an employer includes a “harsh and oppressive” termination provision in an employment contract that limits what it owes an employee on their termination, the employer must make extra efforts to bring those provisions to the employee’s attention. This decision

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It’s possible to have possession of stolen property charges dropped

/ Criminal Law /

Even though someone played no part in the actual theft, police can charge them with possession of stolen property if they are found to be in possession of items obtained through crime. Having these charges dropped or diverted hinges on a number of factors, but having an experienced criminal lawyer at your side gives you

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Litigating wrongful dismissal claims not for ‘the faint of heart’

/ Employment/Labour, Mediation/Arbitration /

By Tony Poland, LegalMatters Staff • As an Ontario Superior Court judge recently wrote, “litigation is an expensive business. It is not for the risk-averse or the faint of heart. There are winners and there are losers.” Parties should objectively assess the evidence and also the potential costs and benefits of pursuing a wrongful dismissal

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Australia is winning the battle against Google and Facebook

/ Defamation Law /

By Paul Russell, LegalMatters Staff • The reaction by Facebook to the consequences of a recent Australian court decision that makes online publishers responsible for third-party comments shows how defamatory content can be controlled, says Toronto defamation lawyer Howard Winkler. Early in September, Australia’s high court ruled that online publishers such as Twitter, Google and

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Wilful blindness no defence for possession of stolen property

/ Criminal Law /

People can be charged with being in possession of property obtained by criminal activity if they are found with an item that they knew – or ought to have known – was obtained through crime. Their best defence depends on circumstances and the evidence police have gathered, which is why they need an experienced criminal

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