In-House Counsel
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May 14, 2024
Labour tribunal rules method to conduct pay equity audit is invalid
A method used to estimate wage differentials during pay equity evaluations cannot be validly used as it contravenes the Quebec Pay Equity Act, ruled the Administrative Labour Tribunal in a decision widely expected by labour lawyers to have a significant impact on estimating and assessing public sector pay equity.
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May 14, 2024
What B.C. single-regulator recommendation means to legal independence | Michael D. Lucas
In December 2013, the Law Society of British Columbia made a recommendation that it should regulate not only lawyers but also notaries and other groups of limited-scope legal service providers who had met qualifications standards. The underlying policy rationale for the recommendation was that a single regulator could reconcile qualification processes, ethical standards and disciplinary systems to best assure that different groups of providers providing similar services would be properly qualified and similarly regulated. It was also possible that access to legal services could be improved by regulating new groups of providers under a single regulator, although the recommendations considered this to be speculative.
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May 13, 2024
Court permits CN Railway to proceed with $250M container terminal project pending appeal
The Federal Court of Appeal has permitted the Canadian National Railway Company (CN) to continue construction of a $250 million intermodal container transfer facility in Milton, Ont., pending the outcome of an appeal concerning the government decision authorizing the project.
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May 13, 2024
Dancing with the devil: Benefits managers and pharmacies
Ontario pharmacists have multiple and often competing responsibilities. Beyond their clinical duties, many pharmacists are business owners, employers, mentors and teachers. However, their primary duty is always to the public. Unfortunately, Ontario pharmacists are increasingly being subjected to pressures that seemingly bear no relationship to their ability to serve the public and which threaten to shift the focus within the profession from patient-centred care to commercial concerns.
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May 13, 2024
Family Legal Services Provider program starting January 2025 | Michelle Lomazzo
On Dec. 1, 2022, The Law Society of Ontario (LSO) convocation voted in favour of a Family Legal Services Provider (FLSP) licence for licensed paralegals. Since then, Fanshawe College has been selected as the approved and only online provider of the FLSP program. The FLSP program is now in development and Fanshawe will begin offering the program starting in January 2025.
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May 10, 2024
Supreme Court of Canada clarifies how to assess compensation for constructive expropriation
The Supreme Court of Canada has explained how to assess compensation payable for constructive expropriation of private land by public authorities in a unanimous decision that reverses a ruling below that pegged what the City of St. John’s owes to a property owner to the land’s prospective market value if it were permitted to be developed for residential use, rather than to its much lower market value as land which is currently zoned “watershed,” with only limited discretionary agriculture, forestry and public utility uses.
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May 10, 2024
Authorized Quebec consumer class actions being dismissed on the merits
Despite Quebec’s low threshold for the authorization of a class action, this does not appear to be any indication of the success of the case on the merits. Until recently, defendants facing an authorized class action often considered settlement negotiations with the plaintiff rather than going to trial. However, a series of recent decisions indicate that defendants may be wise to challenge plaintiff’s claims on the merits.
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May 10, 2024
Court dismisses motion, cites ‘culture of complacency’ and delays in civil justice system
An Ontario Superior Court judge has dismissed leave to bring a motion in a long-running business dispute, lashing out at constant delays and a culture of complacency in Ontario's civil justice system.
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May 10, 2024
Federal Court affirms Employment Insurance Commission’s decision to disentitle EI benefits
In the complex realm of administrative law, the recent ruling by the Federal Court sheds light on the intricacies of employment insurance (EI) entitlements. Mr. Puig, an international student seeking regular EI benefits, found himself embroiled in a legal dispute after being disentitled from benefits in March 2021 due to study permit restrictions. Exploring the intricate issues of policy interpretation, evidentiary requirements, and judicial discretion, this case encapsulates the challenges faced by individuals navigating the complexities of administrative processes (Puig v. Canada (Attorney General), [2024] F.C.J. No. 517.
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May 10, 2024
Pioneering sustainability: Charting new frontiers in fund finance
In recent years, sustainable finance has become increasingly prevalent, reflecting a growing awareness of environmental, social and governance (ESG) factors within the finance sector. The release of the Guide to the Application of the Sustainability Linked Loan Principles in Fund Finance (Guide) in March 2024 marks a significant milestone in this evolving landscape.