Vavilov and Chevron: Does Canada need an Administrative Procedure Act?
The recent refusal of the Canada Industrial Relations Board to follow the direction of the Minister of Labour in connection with the labour dispute involving WestJet Airlines Ltd. (WestJet) and the Airline Mechanics Fraternal Association (AMFA)highlights an ongoing flaw in […]
Cowboys and Crypto
Law360
Digital assets can take many forms, including cryptocurrency, NFTs and digital bonds. Regardless of the form, they usually have these defining features: they are decentralized, securely housed on the blockchain and accessible to anyone with an internet connection. These features […]
The Prerogative of Privacy: What Happens in Cabinet Stays in Cabinet
Law360 Canada
I. SUPREME COURT OF CANADA DECISION On February 2, 2024, the Supreme Court of Canada issued its unanimous decision in Ontario (Attorney General) v Ontario (Information and Privacy Commissioner), 2024 SCC 4 (“Ontario v. Ontario”), determining that “in our Westminster […]
ElectoFacts launched by Elections Canada
Law360 Canada
ElectoFacts is a new resource that Canadians can use to verify the accuracy of information about Canada’s federal electoral process. ElectoFacts is a part of Election Canada’s overall effort to give Canadians the information they need to participate in federal […]
Priority of Crown’s debt over creditors of equal degree
Law360 Canada
The Crown’s “prerogative of priority” has been enforced in Canada since it was established as a colony of England. See Canada v. Bank of Nova Scotia, [1885] 11 S.C.R. 1 (“the Crown is entitled at common law to a preference […]
Better late than never: The Federal Prompt Payment for Construction Work Act
On December 9, 2023, the Federal Prompt Payment for Construction Work Act, SC 2019, c 29, s 387 (“Act”) came into force. Pursuant to the Act, the Government of Canada must pay all construction contractors within 28 days of invoicing. […]
Ontario Superior Court of Justice upholds Protection for Communities and Exploited Persons Act
On September 18, 2023, Justice Goldstein, of the Ontario Superior Court of Justice (ONSC), issued his long-awaited decision in Canadian Alliance for Sex Work Law Reform v. Attorney General, 2023 ONSC 5197 regarding the constitutional challenges to various provisions within […]
Gerald Chipeur authors article on risk management best practices
Law360
Gerald Chipeur authors article for Law360 covering the best practices of risk management, in relation to forged credentials and false resumés. On July 25, 2023, the Honourable Justice Michael Stephens, of the Supreme Court of British Columbia, issued reasons for […]
Tracey Bailey and Gerald Chipeur author series on understanding the rights of those with severe mental illness
Law360
Tracey Bailey and Gerald Chipeur write a 2-part series for Law360 covering the understanding of rights of those with severe mental illness and substance issues, that arise in medicine and law. A large part of the population will experience mental […]
Changes to Canada’s Lobbyists’ Code of Conduct: What to know
I. Introduction On July 1, 2023, the Lobbyists’ Code of Conduct, established under the Lobbying Act, RSC 1985, c 44 (4th Supp), (“Act”), is changing. Registered lobbyists must follow the 2015 Code of Conduct (“2015 Code”) until June 30, 2023. […]
