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Considerations for the Canadian Media Guild

Yesterday, I posted about the CBC/Canadian Media Guild collective agreement and how in my view it precludes Jian Ghomeshi’s lawsuit from proceeding in court. Mr. Ghomeshi’s remedy for the termination of his employment rests with the grievance process provided for in the collective agreement. As a Union member, Mr. Ghomeshi’s interests in the grievance process

Exclusive Jurisdiction and the Jian Ghomeshi Case

In a series of stunning developments on October 26, 2014, the CBC announced that information had come to the Corporation’s attention which caused it to terminate the employment of radio host Jian Ghomeshi. This prompted a press release from Mr. Ghomeshi’s lawyers, that he intended to file a lawsuit seeking $50,000,000 in damages, as well

David Boies and the Art of Cross-Examination

David Boies is a legendary litigator, having been involved in many of the leading civil cases in the United States. Early in his career, he defended IBM against anti-trust charges and CBS in a hard fought libel case brought by William Westmoreland. When the U.S. government launched a legal case against Microsoft, it turned to

Culture Shift in Action

The Supreme Court of Canada decision in Hryniak v. Mauldin, 2014 SCC 7, was nominally about the appropriate use of the summary judgment procedure in Ontario. In fact, the decision ventured more widely into whether the civil justice system could deliver timely and affordable adjudication for ordinary litigants. The system, the Court said, has become

The Tension at the Heart of the Civil Justice System

There is a tension at the heart of the civil justice system. On the one hand, the system exists to resolve disputes on their merits. On the other hand, time limits imposed by the Rules of Civil Procedure or court orders must be respected, otherwise they will cease to have any meaning. Judges are faced