In-House Counsel
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May 27, 2024
How a defamation claim survived an anti-SLAPP motion
Media organizations faced with a defamation action may seek to dismiss a claim by bringing a motion under Ontario’s anti-SLAPP legislation in s. 137.1 of the Courts of Justice Act (CJA). While such motions are generally brought at an early stage of the action and are supposed to be heard no later than 60 days after the notice of motion is filed, they may involve an adjudication of the merits of the claim and the validity of all the defences that would be addressed at trial, as demonstrated by the Ontario Superior Court of Justice’s decision in Kielburger v. Canadaland Inc., 2024 ONSC 2622.
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May 27, 2024
Indigenous Peoples’ Court welcome addition to city of Sudbury | Michael Michel
On May 2, 2024, Sudbury, Ont., became home to the 20th Indigenous Peoples’ Court in the province. In a special sitting of the Ontario Court of Justice, members of local First Nations, the judiciary and various community stakeholders gathered to celebrate this momentous occasion.
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May 27, 2024
Court of King’s Bench of Alberta: Common ailments do not meet definition of physical disability
Physical disability, which includes disability, injury or illness, is a protected ground under human rights legislation. As a protected ground, employers have a duty to accommodate employees with physical disability. However, common ailments such as the flu do not fall under this protected ground, as determined by the Court of King’s Bench of Alberta.
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May 27, 2024
Tough luck for rule breakers: B.C. court cracks down on WorkSafeBC OHS violations
In British Columbia (Workers’ Compensation Board) v. D & G Hazmat Services Ltd., 2024 BCCA 127, the British Columbia Court of Appeal reversed a decision by the British Columbia Supreme Court (BCSC) dismissing the Workers’ Compensation Board’s petition for a statutory injunction.
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May 27, 2024
Women in workplace should not be deterred by Harvey Weinstein’s overturned conviction
Sexual violence in the workplace, or anywhere else, has no place in our society. However, ending the practice where men exploit their positions of power in the workplace to sexually harass or abuse women remains a challenge, as seen in high-profile criminal cases such as the New York case involving Harvey Weinstein, a rich and powerful man in the entertainment industry.
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May 24, 2024
Federal Court of Appeal upholds CRA decision to revoke fraternity’s charitable status
In its decision released on March 21, 2024, Sigma Chi Canadian Foundation v. Canada (Minister of National Revenue - M.N.R.), 2024 FCA 59, the Federal Court of Appeal (FCA) upheld the Minister of National Revenue’s (the minister) decision to revoke the charitable status of a fraternal organization, Sigma Chi Canadian Foundation, (the appellant).
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May 24, 2024
The delisting of health-care providers by an insurer
Being delisted by an insurance company is one of the worst things that can happen to a health-care practitioner or clinic (each of which is referred to below as a “provider”).
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May 24, 2024
Four-day work week: A trend on the rise
Today’s world of work has undergone massive changes many companies would not have anticipated only a few years ago. From fully remote workplaces to pets in the office and more flexibility, the current workforce has undoubtedly stepped away from more traditional approaches to getting things done.
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May 23, 2024
Ottawa offers ‘temporary’ support to beleaguered families of Haitian-Canadians, permanent residents
The federal government has announced “temporary measures” to support family members of Canadian citizens or permanent residents who have left Haiti, as well as Haitian nationals already in Canada who are currently unable to return home.
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May 23, 2024
$450M lawsuit against Nova Scotia would be cancelled under proposed settlement deal
The government of Nova Scotia would avert a $450 million lawsuit as part of a proposed settlement with pulp and paper giant Paper Excellence Group related to longstanding environmental pollution from the company’s Northern Pulp mill and an effluent facility on Boat Harbour in Pictou County.