Latest Commentary

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    Speaker's Corner: Terror ruling may impact Khadr case

    Recently, the Ontario Court of Appeal substantially upheld the Superior Court’s decision in Tracy v. Iran. Previously, the Superior Court had recognized U.S. default judgments in favour of victims of terrorist groups sponsored by the Iranian government and, in turn, ordered that Iran’s state assets located within Canada be paid to the victims. The decision was the first of its kind in Canada under the Justice for Victims of Terrorism Act.

    Lincoln Caylor and Nathan Shaheen|Aug 14, 2017
  • Nikolay Y. Chsherbinin

    Labour Pains: Dishonesty and just cause dismissal

    A single act of dishonesty may constitute cause for dismissal, even if the specific incident is of minor consequence. It is not so much the dishonest act itself; rather it is the revelation of a character that is untrustworthy that provides the legitimate basis for termination of the employment relationship.

    Nikolay Y. Chsherbinin|Aug 8, 2017
  • Gabrielle Giroday

    Editorial: Wise Iacobucci

    There is surging public awareness and interest in Canada’s relationship with indigenous peoples. There are the daily headlines that chronicle controversy around indigenous representation and identity.

    Gabrielle Giroday|Aug 8, 2017
  • Ian Harvey

    Inside Queen's Park: Dreams of digital justice process still elusive

    The process of justice of justice never sleeps. Oh, it may doze off now and then or get ensnarled in the weight of its own petard, but it surely keeps grinding along. There isn’t a single stakeholder in the Ontario justice system, however, who doesn’t recognize there are serious issues.

    Ian Harvey|Jul 31, 2017
  • Gabrielle Giroday

    Editorial: Children first

    Law Times reports that the Ontario Court of Appeal has ruled that a foster mother can be named a party in a child protection case, if it’s in the child’s best interests. The story details how lawyers who represent parents in child welfare proceedings say the decision in A.M. v. Valoris Pour Enfants et Adultes de Prescott-Russell is of concern, because the ultimate implications of such proceedings can result in the permanent abolishment of the child-parent relationship.

    Gabrielle Giroday|Jul 24, 2017
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    Speaker's Corner: A two-tier system to serve the people

    All systems of justice have underlying principles. They may be to serve the leader, the state, the administrators or the people. Whatever the purpose, the structure supporting it needs to be built to serve that purpose, and if it doesn’t, it’s a failure.

    Joel Miller|Jul 24, 2017
  • Susan Delacourt

    The Hill: Sea change a Tory dream

    Not long before he won the 2006 election, Stephen Harper talked about how Conservatives’ power would be held in check by all the Liberal-laden institutions in Ottawa. A decade later, with Liberals in power, those same institutions — and more — are in the midst of a major changing of the guard.

    Susan Delacourt|Jul 17, 2017
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    Speaker's Corner: Pay transparency laws needed

    It’s been 30 years since Ontario adopted its then world-leading pay equity law to end systemic sex discrimination in pay. But three decades later, the gender pay gap remains a human rights crisis that impoverishes women in Ontario and across Canada.

    Fay Faraday|Jul 10, 2017
  • Gabrielle Giroday

    Editorial: Context is everything

    Law Times reports this week on a ruling by the Ontario Court of Appeal in R. v. Tinker. The decision reiterates there is no discretion for lower court judges to avoid imposing mandatory victim surcharges on offenders, regardless of their ability to pay the fines.

    Gabrielle Giroday|Jul 10, 2017
  • Nikolay Y. Chsherbinin

    Labour Pains: Deductions on mitigation incomes

    A recent Ontario Court of Appeal decision provides a useful road map for employers and their advisors regarding the deductibility of various incomes that wrongfully dismissed employees could earn during their statutory and reasonable notice periods.

    Nikolay Y. Chsherbinin|Jul 4, 2017
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