Family-status discrimination is ‘minefield’ for employers
By Julius Melnitzer | January 18, 2021 Confusion as to what constitutes family-status discrimination in Canada continues to vex employers. “The Supreme Court of Canada had an opportunity to create a uniform test across the country in 2019 but chose not to hear the case,” says Gary Clarke, the Calgary and Vancouver-based national co-head of Stikeman Elliott LLP’s […]
Ontario’s lockdown: a quick guide to your legal rights
January 15, 2021 | By Joseph Neuberger The provincial government has again issued a “stay at home” order under which Ontarians may leave their residences only for defined purposes (approximately 33 essential reasons), including exercise, walking pets, going to and from essential work, health care, shopping for necessities such as food, and household items like detergent, […]
Shareholders’ agreements: best weapon to fight corporate oppression
January 4, 2020 | By Julius Melnitzer If there’s doubt in anyone’s mind about the superior protection shareholders’ agreements provide for aggrieved investors, the Ontario Superior Court’s decision in Murray v. Pier 21 makes the case in spades. “We frequently get pushback from clients who say that they have perfect relationships with the other shareholders, […]
Federal Court decertifies veterans’ class action for delay on pension benefits
December 17, 2020 | By Julius Melnitzer The Federal Court of Appeal has decertified a $100-million class action brought by former members of the Canadian Armed Forces reserves whose retirement benefits were delayed. Read more RELATED ARTICLES Federal Court certifies veterans‘ class action for delay on pension benefits Appeal court upholds ruling in RCMP pension […]
COVID-19 puts courts, integrity of Ontario’s civil jury system on trial
December 15, 2020 | By Julius Melnitzer Citing the uncertainty as to when civil jury trials might resume during the pandemic, motions to strike juries have proliferated. Critics pointed to the extra effort, co-ordination, length and expense jury trials required, as well as the strain on jurors and demanded their elimination. “Since COVID began, judges […]
Is Trudeau’s support for UNDRIP a meaningless ploy?
December 9, 2020 | By Julius Melnitzer The Liberal government’s introduction of legislation implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) is nothing more than fluff: it’s unworkable and gives our Aboriginal neighbours false hope about its potential. Why is it that after 150 years of persecuting our Aboriginal neighbours, we […]
Lawyers insecure about data security: study
Talk about lawyers’ hubris: although 49 percent of legal businesses believe they will experience a data breach in the next five years, almost as many – 46 percent – report they have left confidential documents out in the open. The hubris, disclosed in Shred-it’s 2020 Data Protection Report, has practical consequences: 24 percent of clients […]
Does the Competition Bureau have Canada’s grocers in its sights?
November 30, 2020 | By Julius Melnitzer Canada’s Competition Bureau may be seeking new authority to curb major grocers’ inordinate bargaining power with their suppliers. In a speech to the Canadian Federation of Independent Grocers (CFIG) last Wednesday, Commissioner of Competition Matthew Boswell referenced the current debate over the need for a code of conduct […]
Does Black Friday have a “spirit”?
November 24, 2020 | By Julius Melnitzer Does Black Friday have a “spirit”? If so, spiritualism has come a long way in North American society. Yesterday, I saw an ad for a hearing aid in the Toronto Star. Four days before Black Friday, it promised to reduce prices 25% “in the spirit of Black Friday.” […]
Japan: a black hole for legal advice?
November 17, 2020 | By Julius Melnitzer “Bizarre” is how Steven Maddex, a Canadian lawyer, describes his five years in the legal department at a jewellery company in Kyoto. “Most Japanese business people view lawyers’ roles as perfunctory at best,” says Maddex. “Many of the lawyers are unlicensed, have only a basic understanding of the […]