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Remember this!

Courtesy of Nicole Nussbaum’s FB page:

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Supreme Court decides that no evidence can be proof

It is rare that I read a Supreme Court of Canada decision where my initial reaction is “have you completely lost the plot?“, but unfortunately the Court’s decision in British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority produced exactly that reaction. The SCC decided, in essence, that an administrative tribunal was free, using its […]

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Hydro interruption: you may not be able to reach us

There will be a scheduled interruption of hydro to our offices on Friday, August 5th, 2016 from 0830h until approximately 1030h; it may go on longer than that. If the hydro work is not completed on the 5th it will be completed on Monday, August 8th, 2016 from 0830h until approximately 1030h. You may be […]

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Is a Miscarriage a Disability?

Food for thought from Christine Thomlinson at Rubin Thomlinson, along with some valuable advice for employers.

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“Cause of Action” – What is it?

A cause of action is ‘the fact or facts which give a person a right to judicial relief”. A right to a judicial relief without any facts backing up does not give rise to a cause of action. Equally, not every fact or situation or problem or loss or negative event gives right to judicial […]

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The “common law” & how it’s different from “equity” & “statutory law”

Defined The “common law” is made up of those principles and “causes of action” relating to the government, property rights and personal rights including physical security which derive their authority solely from usages and customs or from the judgments and decrees of the courts recognizing, affirming and enforcing such usages and customs. It is law […]

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“Equity” and how it’s different from “common law” and “statutory law”

Defined Put in a nutshell, it’s when the court concerns itself with fairness. More formally, Black’s Legal Dictionary defines it as: Justice administered according to fairness as contrasted with the strictly formulated rules of the common law. […] A system of jurisprudence collateral to, and in some cases independent of, “law”; the object of which […]

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“Statutory law” and how it’s different from “equity” and “common law”

Defined Statutory law is that body of laws created by legislatures. (Ontario has all statutes, constantly updated, available at its e-laws site.) Such law includes regulations made under the statutes in question if those regulations are properly made pursuant to a valid grant of authority made by the legislature in the statute in question. (This, […]

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“It’s not you, it’s me: Can an employee suddenly break up with you?”

“The recent decision of Gagnon & Associates Inc. et. al. v. Jesso et. al., by the Superior Court of Ontario reminds employers and employees alike that at common law reasonable notice is a two-way street; not only must an employer provide an employee with reasonable notice of termination, but an employee must also provide reasonable […]

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“Ont CA upholds tort of intentional interference with economic relations”

“The tort of intentional interference with economic relations has three elements: ”    1. The defendant must have intended to injure the plaintiff’s economic interests. ”    2. The interference must have been by illegal or unlawful means. ”    3. The plaintiff must have suffered economic harm or loss as a result.” Good article by Mark Gelowitz, […]

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