Latest Commentary


  • Nikolay Y. Chsherbinin

    Labour Pains: Dishonesty and just cause dismissal

    Aug 8, 2017

    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|Labour Pains
  • Gabrielle Giroday

    Editorial: Wise Iacobucci

    Aug 8, 2017

    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|Editorial Obiter
  • Ian Harvey

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

    Jul 31, 2017

    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|Inside Queen's Park
  • Gabrielle Giroday

    Editorial: Children first

    Jul 24, 2017

    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|Editorial Obiter
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    Speaker's Corner: A two-tier system to serve the people

    Jul 24, 2017

    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
  • Susan Delacourt

    The Hill: Sea change a Tory dream

    Jul 17, 2017

    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|The Hill
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    Speaker's Corner: Pay transparency laws needed

    Jul 10, 2017

    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
  • Gabrielle Giroday

    Editorial: Context is everything

    Jul 10, 2017

    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|Editorial Obiter
  • Nikolay Y. Chsherbinin

    Labour Pains: Deductions on mitigation incomes

    Jul 4, 2017

    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|Labour Pains
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    Speaker's Corner: Time for action for self-represented litigants

    Jun 26, 2017

    The problem of self-represented litigants is now achieving endemic proportions. The civil justice system is in crisis. In a variety of legal contexts, self-represented litigants now represent the majority of litigants. Whether it is landlord-tenant, family, employment or debt-collection matters, statistics confirm that a vast number of individuals are compelled to represent themselves.

    Jennifer Leitch
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