Articles

Aujourdʼhui
Aujourdʼhui

Proximity and Pure Economic Loss

  • 06 février 2021
  • Emily Assini and Sabrina Lombardi, McKenzie Lake Lawyers LLP

Historically, plaintiffs seeking damages for pure economic loss have faced multiple challenges from defendants, as well as skepticism from the Courts.  In two recent decisions, the Courts have emphasized that categories for claims for pure economic loss while not closed, are fact driven, and that a finding of proximity is key.  These cases could have important implications on the success of future class proceedings.

Droit des recours collectifs, Student Forum

Federal Court of Appeal Releases Decision Supportive of the Use of Jurisprudential Guides

  • 06 février 2021
  • Ed Montigny

This decision of the Federal Court of Appeal involved two applications for judicial review challenging the designation of four Jurisprudential Guides by the Chairperson of the Immigration and Refugee Board of Canada (IRB). This decision provides instructive analysis with respect to the use of jurisprudential guides.

Droit administratif, Student Forum

When Courts Consider Quality of Reasons: Association of Professional Engineers v Rew

  • 06 février 2021
  • Rachel Weiner

Association of Professional Engineers v Rew is an appeal to the Divisional Court by the Association of Professional Engineers of Ontario (the PEO) from a decision of a Discipline Panel of the PEO. This case demonstrates that quality of reasons can play an important role in determining whether an administrative decision should be upheld even where the reasons do permit review.

Droit administratif, Student Forum

Ontario Court of Appeal Affirms that University Discriminated by Relying Exclusively on Grades-based Admissions Standards Where Applicant’s Grades Resulted from Unaccommodated Disabilities

  • 06 février 2021
  • Anna Rosenbluth

In Longueépée v. University of Waterloo, 2020 ONCA 830, the Ontario Court of Appeal held that the University of Waterloo had discriminated against Roch Longueépée when it refused him admission on the basis of his previous grades, which were the result of undiagnosed and unaccommodated disabilities. This decision is significant not only for its contribution to human rights jurisprudence, but also for how it applies the administrative law principles set out by the Supreme Court in Vavilov.

Droit relatif à l’éducation, Student Forum
Using Law and Advocacy to Win Accommodations for Clients with Electromagnetic  Hypersensitivity (EHS): Part 1

Using Law and Advocacy to Win Accommodations for Clients with Electromagnetic Hypersensitivity (EHS): Part 1

  • 06 février 2021
  • David McRobert

There are currently few legal protections available in Canada for those living with electromagnetic hypersensitivity (EHS). This paper discusses the relationship between law, scientific advances, and the role of metapolicy in developing preventative policies on EHS that protect vulnerable persons and overall populations. The paper deals with, amongst other things, the role played by medical professionals in providing accommodation for EHS.

Droit de l’environnement, Student Forum

HRTO Sexual Harassment Case Note: NK v. Botuik

  • 02 février 2021
  • Rayaz Khan

Summary of a decision awarding $170 thousand to an applicant in a coercive sexual relationship and assaulted by her supervisor. The employer settled. The award was against the individual respondent, who did not participate in the proceedings.

Droit constitutionnel, libertés civiles et droits de la personne, Student Forum

COVID-19: The Vaccine & “Return-to-work” Policies

  • 02 février 2021
  • Taran Hoogsteen

If no provincial vaccine mandate is implemented, individual employers will have to take it upon themselves to determine how to introduce employees back into their workplaces in light of legal and social responses to the pandemic. These policies promise to be complex, requiring a fine balancing of the rights of each stakeholder. This article will discuss some of the considerations for employers when creating these “return-to-work” policies.

Droit constitutionnel, libertés civiles et droits de la personne, Student Forum
Tejal Harri-Morar, Lawyer

Wellness Tips for Remote Work: A Review

  • 30 janvier 2021
  • Tejal Harri-Morar, Lawyer

With the closing of a particularly challenging year that brought several changes for all of us, 2021 has reinforced the idea of remote working on a global level.  Many hoped for the return of some normality at the announcement of the vaccines, however the reality of this has been delayed. To ensure that you are fully equipped to maintain your overall wellbeing, we recommend the following wellness tips.

Forum des avocates, Student Forum