Human Rights and the Courts
September 24, 2022 By Brian Babcock What happens when you believe that you have been wrongfully dismissed and at the same time have a human rights complaint arising from your employment? The Ontario Human Rights Code section 46.1 permits you to include a claim for breaches of the Code in your lawsuit to Superior Court […]
Sometimes Fairness is About The Golden Rule
September 18, 2022 By Brian Babcock “Do unto others as you would have them do unto you” is a lesson most judges seem to retain from school days and may be an important consideration in how those judges view issues of fairness in administrative decision making. THE ISSUE When somebody requiring a registration certificate in […]
Judicial Review? Action? Appeal?
August 24, 2022 By Brian Babcock In our article What is judicial review? we explained the difference between judicial review and an appeal. A judicial review is also not an action for damages. THE ISSUE Choosing the correct procedural path can avoid getting stuck in thorny issues of civil procedure and administrative law. THE CASE […]
Taking Prompt Payment Seriously
July 15, 2022 By Jonathon Clark The introduction of prompt payment requirements was one of the most important changes in the move from the Construction Lien Act to the Construction Act. WHAT IS NEW ABOUT THIS LAW The whole point of these provisions is to require prompt payment to avoid disruptions to construction projects when […]
Mining Exploration Permits and the Honour of the Crown: FAQ
June 6, 2022 By Brian Babcock What is the ‘honour of the Crown’? It is a constitutional duty to First Nations (or other Indigenous peoples) which springs from the ongoing process of reconciliation with Indigenous people, a process which is a moral, political, and legal obligation of the Crown. It is an obligation at the […]
A Sticky Wicket about Cricket
May 30, 2022 By Brian Babcock An arbitrator’s award must include reasons which explain clearly how the decision was made. This principle was reviewed and reinforced in the Ontario Superior Court decision of Alberta Cricket Association v. Alberta Cricket Council. The case involved a dispute between two groups competing to be designated as the Provincial […]
Adjournments and Administrative Tribunals
May 23, 2022 By Brian Babcock Procedural fairness is a necessary requirement for any administrative tribunal hearing. However, that does not mean that the courts will uphold objections from parties in all cases a party feels they were unfairly treated. Procedural fairness has its limits. This includes the right to multiple adjournments of a hearing. […]
Jurisdiction and Human Rights: Looking Beyond the Headlines
January 30, 2022 By Brian Babcock Note: An Ontario Human Rights Tribunal has since ruled on this matter in the Ontario context. Please see “Jurisdiction and Human Rights: An Ontario Perspective” for an updated discussion. “Arbitrators have exclusive jurisdiction over human rights cases if there is a collective agreement” is the sort of headline that […]
New Limits on Planning Appeals Treated Seriously
December 29, 2021 By Brian Babcock The Ontario legislature has struggled for years for ways to streamline and simplify the planning process, including appeals, in a way that respects public interest but does not prevent orderly development. Various techniques have been tried: introducing provincial policy statements (PPS) to guide local decision making making compliance mandatory […]
The Public Interest and Liquor Licences
December 12, 2021 By Brian Babcock Prohibition may be a distant memory, but it is not forgotten, with its history in Thunder Bay a fond memory of the rumours that the Bronfman family, of Seagram’s fame, allegedly built tunnels from the Marina Inn (on the location of the current government building) under the train tracks […]