The Supreme Court of Canada (Deschamps, Abella, Cromwell JJ.) has granted leave in a pension litigation case, in which the Court could potentially revisit the principles underlying democratic dialogue. This case may offer the Supreme Court the opportunity to provide an updated statement on the doctrines of retroactivity and res judicata, particularly on the differences… → Read More
Category Archives: Labour and Employment
Subscribe to Labour and Employment RSS FeedWhen is it “Not Reasonable” to Deny the Cross-Examination of an Expert?
Posted in Aboriginal, Labour and EmploymentBackground Cross-examining experts is the primary way in which competing expert opinions are tested in the adversarial process. The Alberta Court of Appeal in its recent decision in Johnson v. Alberta (Appeals Commission for Alberta Workers’ Compensation) recently determined that a decision not to allow a cross-examination may not be reasonable, in particular where without… → Read More
OCA to Consider ESA Obligations In CCAA Proceedings
Posted in Bankruptcy & Debt, Labour and EmploymentThe Court of Appeal will be called upon to determine whether Employment Standards Act obligations, such as termination and severance pay, can be discharged by a Debtor-in-Possession in a CCAA proceeding. In Windsor Machine, Justice Morawetz heard an application by the union representing the employees of a debtor company. The debtor company had terminated all… → Read More
SCC to Address Test for “Federal Undertakings” Under the Constitution
Posted in Communications, Constitutional, Labour and Employment, TransportationWhen do parties qualify as federal transportation undertakings for purpose of s. 92(10) of the Constitution Act, 1867? The Supreme Court of Canada will answer this question in the Tessier case, for which it recently granted leave to appeal. Decisions Below The appeal comes before the Supreme Court from the ruling of the Quebec Court of Appeal… → Read More
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