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Documents on Civil Rights
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|Ontario Divisional Court Upholds Controversial Award of the Ontario Human Rights Tribunal|
Ranjan K. Agarwal, Joseph N. Blinick, Talia K. Bregman; Bennett Jones LLP;
January 20, 2015, previously published on October 6, 2014In 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,...
|Alberta Court of Appeal Considers the Duty to Accommodate Probationary Employees|
Stephen P. Beernaert, John R. Gilmore; Bennett Jones LLP;
January 19, 2015, previously published on July 2, 2014In reasons released on May 6, 2014, the Alberta Court of Appeal dismissed an appeal by the Telecommunications Workers Union in respect of an unsuccessful judicial review application to question a labour arbitrator award. The Arbitrator had determined that TELUS Communications Inc. had no duty to...
|Supreme Court Strikes Down Canada’s Prostitution Laws|
Ranjan K. Agarwal; Bennett Jones LLP;
January 13, 2015, previously published on January 10, 2014In a unanimous decision authored by the Chief Justice of Canada, the Supreme Court has upheld lower courts decisions striking down some of Canada’s prostitution laws as unconstitutional. Though prostitution itself is not illegal in Canada, there are a myriad of criminal laws that confine...
|Major Shakeup at NYC Commission on Human Rights|
Christopher J. Collins; Sheppard, Mullin, Richter & Hampton LLP;
January 10, 2015, previously published on December 1, 2014On November 21, 2014, New York City Mayor Bill de Blasio announced a major shakeup at the NYC Commission on Human Rights, replacing all eight Bloomberg-appointed Commissioners and the Commission Chair.
|Hands off My Vehicle’s Black Box: Legislation to Protect New Jersey Drivers’ Privacy Rights May Soon Become Reality.|
Jill L. Walsh; Thomas, Thomas & Hafer LLP;
December 19, 2014, previously published on October 31, 2014Efforts are underway in New Jersey to enact legislation that would make data available in an automobile's event data recorder (a.k.a “EDR” or “black box”) the property of the vehicle's owner. EDRs have the ability to track an automobile’s speed, location, date of use...
|New Jersey Supreme Court Allows Limits on Common Interest Community Unit Owners’ Free Speech Rights With Respect to Electioneering and Other Internal Communications|
John H. Hague; Greenbaum, Rowe, Smith & Davis LLP;
December 11, 2014, previously published on December 2014The Supreme Court of New Jersey has affirmed an unreported August 2011 Superior Court of New Jersey, Appellate Division opinion concerning political free speech in a residential common interest community setting. Robert Dublirer v. 2000 Linwood Avenue Owners, Inc. was decided on December 3, 2014.
|Access for Monkeys, Miniature Horses and Birds? California Regulations Concerning Service Animals|
Varner Brandt LLP;
December 10, 2014, previously published on October 23, 2014The use of service animals was once relatively straightforward; service animals were primarily guide dogs or hearing dogs to help the visually and hearing impaired. Nowadays, however, a variety of animals ¿ including monkeys, miniature horses, and birds - are trained to aid those with a wide...
|Supreme Court of Canada Gives Quick Win To BCTF On Parental Benefits|
Christopher McHardy; McCarthy Tétrault LLP;
December 8, 2014, previously published on November 27, 2014The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation (“BCTF”) a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the...
|The Chilling Effect|
McKenzie Law Firm P.A.;
December 2, 2014, previously published by InweeklyAmericans rightfully fear government dictating what speech is appropriate. In fact, it was this well-founded fear that gave us what we hold so dear, our First Amendment.
|Holiday Parties - Keep the Season Jolly|
Ryley Mennie; McCarthy Tétrault LLP;
November 28, 2014, previously published on November 20, 2014Our colleague in Toronto, Melissa Kennedy, recently posted about the joys and legal perils of workplace holiday parties. Her post is an excellent reminder of best practices every employer should undertake to make sure that a holiday party does not lead to less jolly legal consequences. We reproduce...