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Procedural Issues: How to Get What You Want/Need

By Andrew Pinto and Christian Vernon

As the Human Rights Tribunal’s processes are becoming more developed and widely understood, the opportunities for using these processes strategically are increasing. For both Applicants and Respondents there are particular junctures in the Part IV Application process where a strategic advantage may be gained or lost. More >>

Administrative Law Developments in Ontario & Standard of Review Update

By Andrew Wray and Christian Vernon

The case comments and tables below represent our survey of recent cases that have considered the standard of review applicable to Ontario administrative decision-makers, and other current issues in administrative law.

To read the full article, click here.

Company Columbos: “Workplace Investigations and…Just One More Thing”

By Andrew Pinto and Christian Vernon

When an employer has grounds to believe that one or more of its employees are engaged in activity that is contrary to the company policy and/or contrary to law, there are a number of important issues to consider when deciding how to proceed. These issues can be broken down into a series of questions. The following discussion reflects some of the development in recent cases that have addressed the subject in the workplace investigations

To read the full article, click here.

Employment Law for the General Practitioner: Using Changes to the Rules of Civil Procedure Strategically

By Andrew Wray

On January 2010, significant amendments to the Rules of Civil Procedure will come into effect. This paper will highlight the strategic considerations that lawyers should have when litigating employment law matters and how to use the new amendments to their strategic advantage. More >>

Strategic Pre-mediation Advocacy: Maximizing Client Satisfaction

By Andrew Pinto

The primary strategy in dealing with wrongful dismissal files in the early stages involves making judgment calls about which key issues will make a significant difference to a satisfactory settlement or litigation result in the case. While that may be true of any legal matter, wrongful dismissal advocacy is particularly amenable to early settlement or, failing that, adjudication based on a few choice issues. The reason is that wrongful dismissal litigation typically involves a small number of key documents (such as the employment contract, termination letter, performance evaluations or incident report) and is highly fact dependent. Many of the key facts, such as the data of the employee and employer are well known by both sides. Even in cases that depend on credibility, the issues themselves are not difficult to identify although their disposition may be uncertain.

To read the full article, click here.

The New Ontario Human Rights System – Practice Tips and Case Update

By Patrick James and Christian Vernon

The Ontario Human Rights Code, R.S.O. 1990, c. H.19 (“Code”) underwent a major overhaul with the full coming into force of the Human Rights Amendment Act, S.O. 2006, c. 30, on June 30, 2008. Among other changes, these significant reforms have created a new human rights process which permits Applicants (formerly known as “Complainants”) to file their Applications directly with the Human Rights Tribunal of Ontario (“HRTO” or “Tribunal”). More >>

Khosa: Extending and Clarifying Dunsmuir

By Andrew Pinto and Christian Vernon

The Supreme Court’s recent decision in Khosa represents its first significant guidance with regard to the implementation of the standard of review analysis post-Dunsmuir (Dunsmuir v. New Brunswick, [2008] 1 S.C.R. 190, 2008 SCC 9). This decision provides some insight into how the standard of review analysis should be conducted after elimination of the most deferential patent unreasonable standard. More >>

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