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Commentary

Editorial: Canada’s position on man’s refugee status incongruent

In many ways, Muhsen Ahmed Ramadan Agraira’s application for ministerial relief from the inadmissibility provisions of the Immigration and Refugee Protection Act is a poor case for testing the law.

Speaker's Corner: Vikileaks case shows need for privacy in family court files

If you ever wondered what the real housewives of your local suburb were up to, there’s an easy way to find out. Just walk on down to a courthouse near you and ask to see their file.  

Speaker's Corner: Appointment of elected senator moves with tide of history

Alberta’s Betty Unger made history recently when she received a call from the prime minister appointing her to the Senate.

Editorial: Governments mishandling suggestions on judges’ pay

Recent moves by the federal and B.C. governments on judges’ pay are raising concerns about judicial independence.

Bits & Bytes: Boomerang a handy tool for busy lawyers

If you use Gmail as your primary business e-mail provider, you may be interested in a new plugin for Firefox or Chrome called Boomerang.

The Dirt: Long live Highway Properties

In the world of Canadian commercial leasing, justice Bora Laskin’s 1971 decision in Highway Properties Ltd. v. Kelly Douglas and Co. Ltd. stands out as the unrivalled seminal case on point. In Highway Properties, the Supreme Court of Canada affirmed that a commercial landlord had at its disposal three historic remedies with which to deal with a defaulting tenant.

Labour Pains: Layoffs can trigger common law payoffs

Wrongful dismissals come in many forms, including temporary layoffs. In Elsegood v. Cambridge Spring Service (2001) Ltd., the Ontario Court of Appeal examined a novel legal issue of whether common law wrongful dismissal damages are available to employees whose dismissal was triggered by the operation of the Employment Standards Act due to the prolonged layoff.

Editorial: Crunching the numbers at LAO

At a time of stretched government budgets, it’s hard to argue against Legal Aid Ontario’s move in the past couple of years to dramatically reduce its deficit.

Editorial: Shocking discrimination case needs sorting out

There’s a shocking legal matter that needs sorting out involving a group of workers with developmental disabilities in St. Catharines, Ont., who, according to allegations put to the Human Rights Tribunal of Ontario, earned $1.25 an hour or less for 10 years.

Speaker's Corner: Should employers have to cover workers’ hearing aids?

Last June, an arbitrator opened up a potential can of worms in ruling that a school board must subsidize digital hearing aids for a teacher as part of its duty to accommodate short of undue hardship.

Family Law: L.M.P. changes landscape for support agreements

It was certainly a happy holiday season this past December for the former wife and appellant in the Supreme Court of Canada’s recent case of L.M.P. v. L.S. The case clarified the test to use in a variation application under s. 17 of the Divorce Act.

Editorial: Trust key to First Nations reforms

As the federal government and First Nations leaders proclaimed their wish to reset the relationship between the Crown and aboriginals in Canada last week, there was predictable criticism about the lack of concrete action.

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