Articles 2023

Today
Today

Right to Post? The Intersection of Professional Regulation, Social Media, and Freedom of Expression

  • November 26, 2020
  • Patricia Harper

This article examines a recent appeal of a professional regulation decision before the Court of Appeal of Saskatchewan, Strom v Saskatchewan Registered Nurses’ Association. This decision is noteworthy not only as a high-profile post-Vavilov decision in the context of professional regulation, but also as an illustration of the potential conflict between the regulation of a professional's "off-duty" conduct and the professional's right to freedom of expression under the Charter.

Administrative Law, Student Forum

Electronic Transformation

  • November 24, 2020
  • Hart Kaminker, principal at Kaminker & Associates

An overview of the electronic transformation of areas of immigration practice since the onset of the COVID-19 pandemic, especially at the Immigration Tribunals and the Federal Court where electronic communication was almost non-existent and where these changes will continue past the end of the pandemic

Citizenship and Immigration Law, Student Forum

Federal Court Considers OIC

  • November 24, 2020
  • Hart Kaminker, principal of Kaminker & Associates

In Monsanto v. Minister of Health and MPSEP the Federal Court considered the quarantine OIC. The Court's decision provides a glimpse into how the Court will assess OICs and weighing the public interest against individual interests

Citizenship and Immigration Law, Student Forum
Sarah Nasrullah

Canada’s New Federal Privacy Bill

  • November 23, 2020
  • Sarah Nasrullah

Earlier this week, Minister Bains (Minister of the Innovation, Science and Economic Development) tabled Bill C-11, the Digital Charter Implementation Act, 2020. Part I will enact the Consumer Privacy Protection Act (CPPA or the Act) and repeal Part I of PIPEDA. Part II will enact the Personal Information and Data Protection Tribunal Act (PIDPTA). Here are a few key highlights.

Privacy Law, Student Forum

“Above and Beyond the Call of Duty”: Honorarium Payments to Representative Plaintiffs in Class Proceedings

  • November 20, 2020
  • Ranjan Agarwal and Tim Heneghan, Bennett Jones

In Makris v. Endo International PLC, Justice Glustein approved a settlement of the class action but rejected the request for an honorarium payment to the representative plaintiff. He noted that honorarium payments were “exceptional” and “rarely done,” and available only when a representative plaintiff had “gone well above and beyond the call of duty,"

Class Actions, Student Forum

Can Class Member Opt Out After Opt-Out Deadline if no Actual Notice?

  • November 20, 2020
  • Nancy Sarmento Barkhordari

The significance of the Court of Appeal's decision in 3113736 Canada v Cozy Corner transcends issues of actual versus adequate notice, and leaves open the question of when, or whether a class member who does not wish to be bound by a class action can bring a motion to opt out of the class proceeding on the basis of lack of notice, and the test to be applied in those circumstances.

Class Actions, Student Forum