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May 22, 2009

A Little Humour

Given the recent retirement of U.S. Supreme Court justice David Souter, we will soon be treated to the spectacle that is the confirmation process for the proposed nominee. Anyone recalling the hearings for Robert Bork or Clarence Thomas will know that the process is ripe for either reform or satire. As to the latter, author...

May 14, 2009

Disturbing Allegations

The Globe & Mail is reporting today on a case of alleged corruption involving participants in the Ontario justice system. The case started out as an investigation into fraud at Bombardier Inc. and has since expanded to include a member of the Ontario Provincial Police and a Toronto Crown Prosecutor. Included among the charges against...

May 7, 2009

Beware of Facebook

It is a fundamental aspect of our civil justice system that parties to a lawsuit are required to make available to their opponent any relevant document relating to the matters in issue in the action. It does not matter if the document helps or hurts the cause, it must be produced. Lawyers, and particularly insurance...

May 5, 2009

A Bad Boss Can Cause a Constructive Dismissal

Stress at work is a serious problem. Google bad bosses and see what comes up. It is not well known however that undue stress caused by inappropriate conduct of the employer can lead to a constructive termination of employment. In other words, the employee may be forced to leave work for the sake of their...

April 30, 2009

A Glimmer of Hope for Employees

On June 27, 2008, the Supreme Court of Canada released its long awaited decision in Keays v. Honda Canada Inc. Mr. Keays had been a long-term employee at Honda who was off sick as a result of chronic fatigue syndrome. Honda was not satisfied with the quality of his doctor’s notes and requested that Mr....