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  • Image: "Study" by Tim Swinson | http://timswinson.com is licensed under CC BY-NC 2.0
Clearly, some members of society are being left behind amid responses to  corona virus. Women, the disabled and the impoverished are particularly affected. Between March and June, schools in B.C. and Alberta abruptly closed. Alberta’s government is closing middle and high schools again...

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  • Image: German government launches Covid-19 warning app for anonymous contact tracing of infected persons by verchmarco
In the wake of 9-11, after the twin towers fell in New York city, there was a strong sense that Americans – and North Americans – were under threat. The prevailing feeling was that drastic times called for drastic measures. In...

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  • Image: "Mr Sub Pepperoni Salami Sandwich" by Like_the_Grand_Canyon is licensed under CC BY-NC 2.0
The Supreme Court of Canada released its decision last week in 1688782 Ontario Inc. v. Maple Leaf Foods Inc. The Court was divided on whether Maple Leaf Foods ought to owe a duty of care to Mr. Sub franchisees. In 2008,...

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  • Image: Banana peeled by richard_north. This image was marked with a CC BY 2.0 license.
My son recently came home with a joke, “What did the banana say to the judge?” First, let’s look at a 2015 Supreme Court of Canada constructive dismissal decision. In Potter v. New Brunswick Legal Aid Services Commission, the Supreme Court...

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  • Image: "File:A skeletal doctor testifies at court. Lithograph by L. Crusi Wellcome V0042242ER.jpg" is licensed under CC BY 4.0
In Cambie Surgeries Corporation v British Columbia (Attorney General), the court expressed concerns about the impartiality and independence of certain experts. The plaintiffs sought to have certain provisions of the Medicare Protection Act declared unconstitutional. Patients, they said, should not be...

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  • Image: "Pension Plan - retired couple on a stack of coins" by verchmarco is licensed under CC BY 2.0
In Fraser v. Canada (Attorney General), the Supreme Court of Canada recently held that the RCMP violated the Canadian Charter of Rights and Freedoms (the Charter) for women who job shared. This case involved indirect, or adverse effect, discrimination. This occurs...

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  • Image: "The Bait" by nist6dh is licensed under CC BY-SA 2.0
The Supreme Court of Canada, in a recent unanimous decision in Matthews v. Ocean Nutrition Canada Limited, restored an award exceeding $1 million to a constructively dismissed employee. In so doing, the Court affirmed that it remains: … resolute in asserting that...

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  • Image: "Job search" by slightly everything is licensed under CC BY 2.0
Recently, in Dubois v. Milne, the B.C. Court of Appeal considered a claim for an oppression remedy in the wrongful dismissal context. The oppression remedy is a powerful way of addressing misconduct that has harmed a “shareholder.” Section 227(2) of the Business...

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  • Image: "Never Give In !" by Neil. Moralee is licensed under CC BY-NC-ND 2.0
In 2002, the provincial government amended the Workers’ Compensation Act. The amendments made it more difficult for injured workers to receive compensation for their workplace injuries. Earlier this year, B.C.’s Workers Compensation Act was amended. Significantly, a legislative provision which had attempted...

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  • Image: "hornby st" by Beach650 is licensed under CC BY-NC 2.0
Lately, there is a dichotomy within B.C.’s justice system. As a result of concerns over COVID-19, B.C. courts have largely shut down, allowing only “urgent and essential matters” to proceed. This is a topic unto itself. Though efforts are certainly being made...

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