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HTMLOntario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal
Ranjan K. Agarwal, Joseph N. Blinick, Talia K. Bregman; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on October 6, 2014
In Hamilton-Wentworth District School Board v Fair, the Ontario Divisional Court upheld two noteworthy decisions of the Ontario Human Rights Tribunal. In the Tribunal’s first decision, it found that the Hamilton-Wentworth District School Board discriminated against its employee, Sharon Fair,...

 

HTMLFlying is a No-Rights Zone: Supreme Court of Canada Dismisses Language Rights Claim
Ranjan K. Agarwal, Faiz M. Lalani; Bennett Jones LLP;
Legal Alert/Article
January 20, 2015, previously published on November 3, 2014
Plaintiffs cannot bring a claim for damages for a breach of fundamental rights against an airline if that breach arose in the course of international travel. Simply put, international flying is a “no-rights zone” between embarkation and debarkation.

 

HTMLHuman Rights Damages on the Rise?
Ranjan K. Agarwal; Bennett Jones LLP;
Legal Alert/Article
January 16, 2015, previously published on February 20, 2014
In the Report of the Ontario Human Rights Review 2012, Andrew Pinto recommended that the Human Rights Tribunal of Ontario “reconsider its current approach to general damages awards in cases where discrimination is proven. The monetary range of these awards should be significantly...

 

HTMLYork University, Religious Accommodation, and the Absence of Bright Lines
Derek J. Bell; Bennett Jones LLP;
Legal Alert/Article
January 14, 2015, previously published on January 16, 2014
York University caused much controversy earlier this month by agreeing that a male student was not required to meet with female class members in connection with a group project. While the male student’s reason for the request was apparently based on a religious belief, the university’s...

 

HTMLRodriguez Redux
Ranjan K. Agarwal, Joseph T. Marcus; Bennett Jones LLP;
Legal Alert/Article
January 14, 2015, previously published on January 16, 2014
Today, the Supreme Court of Canada granted leave to appeal in Carter v Canada (AG), which deals with the constitutionality of the assisted suicide provision of the Criminal Code. In 1993, in Rodriguez v British Columbia (AG), the Supreme Court of Canada upheld the very same provision as...

 

HTMLFederal Hate Speech Prohibition Has Nine Lives
Ranjan K. Agarwal; Bennett Jones LLP;
Legal Alert/Article
January 14, 2015, previously published on February 10, 2014
On January 31, 2014, the Federal Court of Appeal held in Lemire v Canadian Human Rights Commission that the hate speech prohibition in the Canadian Human Rights Act is constitutional. This decision comes on the heels of the Supreme Court of Canada’s decision upholding a similar provision in...

 

HTMLFailure to Comply With Prompt Pay Act Trumps Claimed Failure to Perform
Stanley A. Martin; Duane Morris LLP;
Legal Alert/Article
November 17, 2014, previously published on November 3, 2014
When a New Jersey public authority failed to comply with the NJ Prompt Pay Act,[1] it was obligated to pay the contractor even though it argued the contractor’s work was defective. That was the decision of the NJ Appellate Division in the case of Aire Enterprises v. Warren County.[2] After...

 

HTMLGovernment Contracting, the False Claims Act and the Art of Voluntary Disclosures
Brett W. Johnson; Snell & Wilmer L.L.P.;
Legal Alert/Article
October 13, 2014, previously published on September 2014
With the end of the high levels of government contract spending during the Great Recession and the advent of sequestration and budget cuts, government contractors are competing for fewer and fewer opportunities. As this is occurring, government contracting officers, inspector generals, third-party...

 

HTMLDie Another Day: SCC Adjourns Appeal of National Class Actions Decision Sine Die
Katherine A. Booth; McCarthy Tétrault LLP;
Legal Alert/Article
September 26, 2014, previously published on September 15, 2014
Followers of Canadian class actions law will have longer to wait for a decision in the much anticipated appeal from the Manitoba Court of Appeal’s decision in Meeking v. Cash Store Inc. et al., 2013 MBCA 81. The appeal, which was scheduled to be heard on January 12, 2015 and expected to bring...

 

HTMLWhat Is a Sincere Religious Belief? The Fifth Circuit Weighs In On a Religious Discrimination Claim
Curtis G. Fox; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
September 25, 2014, previously published on September 10, 2014
In a 2-to-1 decision written by Judge Edward Prado, the Fifth Circuit Court of Appeals recently chimed in on an employee’s claim that her employer failed to accommodate a religious observance, for which “she believed strongly that she ‘needed’ to be at church . . . as a...

 


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