The first year of law school can be a drag. Endless assigned reading for mandatory courses, some of which had no long-term appeal for me. However, whenever I found myself thinking, “What I am doing here?” a reading assignment for Constitutional Law always saved the day. I loved reading decisions that applied the Canadian Charter
Earlier this month, the Globe and Mail released its findings from a 20-month investigation into how police services across Canada handle sexual assault allegations. Robyn Doolittle’s investigation report, ‘Unfounded’, found extensive flaws and inconsistencies in how allegations were closed by police and deemed unfounded in the various police records’ systems. A copy of the investigation
Employers are often advised to act cautiously when dismissing employees, particularly when those employees are subject to enforceable termination provisions. Hasty decisions to terminate based on unfounded allegations of “just cause”, or careless applications of “without cause” termination provisions, may result in unintended consequences. Specifically, employers may find themselves: exposed to liability for bad faith,
Whether you are an internal investigator, or an external one, producing a report at the end of the workplace investigation process can be difficult and daunting. Over the years, we have produced many many reports, and we have reviewed many many others. We’ve also had the benefit of talking about how to write a report
Increasingly, we are being asked by our clients to conduct, or to assist them in conducting, workplace assessments. These are proactive processes designed to gather information relating to the culture, practices or behaviours in the workplace and to identify the root cause of any conflicts or issues, or to determine the effectiveness of an organization’s
I like to travel and I travel a lot. I love visiting new places and returning to those that have become familiar to me. I love experiencing new people, new food, new sights and new lands. However, upon return from a trip outside of Canada I feel a profound sense of gratitude to be “home”.
In the last few months, there has been an influx of commentary on the enforceability of contractual provisions purporting to limit an employee’s bonus entitlements upon termination. Following the Ontario Court of Appeal’s seminal decisions in Paquette v. TeraGo Networks Inc., 2016 ONCA 618 (“Paquette”) and Lin v. Ontario Teachers’ Pension Plan, 2016 ONCA 619
At a meeting on November 30th, the Toronto Transit Commission (“TTC”) board voted in favour of a plan to push ahead with the implementation of random drug testing – despite the fact that the matter is still being arbitrated. The vote was based on the recommendations of a confidential report tabled for the board’s approval.
A decision out of the Federal Court of Appeal this month has provided a reminder for investigators that their approach, their reports and the eventual findings must be reasonable in order to pass judicial scrutiny. The decision, Emerence Miakanda-Batsika v. Bell Canada 2016 FCA 278, is an endorsement of a previous Federal Court decision (2014
It has been less than two years since Madame Justice Marie Deschamps released her report in which she described an “underlying sexualized culture in the Canadian Armed Forces (CAF) that is hostile to women and LGBTQ members […],” and called for “broad-scale cultural reform,” among other things. In response, the CAF established “Operation Honour” and
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