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SUPREME COURT WATCH – RECENT DECISIONS
 

 

Nor-Man Regional Health Authority Inc. v. Manitoba Association of Healthcare Professionals
Decided December 2, 2011

Labour arbitration – Remedial authority of arbitrators – Whether arbitrators are legally bound to apply common law or equitable remedies, such as estoppel, in the same manner as courts – Whether standard of judicial review of arbitral awards that apply common law or equitable remedies is reasonableness or correctness – Promissory estoppel – Whether arbitrator erred by imposing remedy of estoppel without finding that union had actually intended through silence to affect its legal relations with the employer

 

 

PSAC v. Canada Post Corporation
Decided November 17, 2011

Human rights – Systemic sex discrimination – Equal wages provisions of the Canadian Human Rights Act – Appropriate complainant and comparator groups in a pay equity analysis under the Canadian Human Rights Act – Evidentiary requirements and standard of proof to establish work of equal value

 

 

Canadian Human Rights Commission. v. Attorney General of Canada, Donna Mowat
Decided October 28, 2011

Human rights – Legal costs – Whether Canadian Human Rights Tribunal has jurisdiction under the Canadian Human Rights Act to award legal costs

 

 

British Columbia (Workers’ Compensation Board) v. British Columbia (Human Rights Tribunal)
Decided October 27, 2011

Administrative law – Jurisdiction – Whether the B.C. Human Rights Tribunal has jurisdiction under the B.C. Human Rights Code to adjudicate a human rights complaint where the same issue was decided by the B.C. Workers' Compensation Board

 

 

Ontario (Attorney General) v. Fraser
Decided April 29, 2011

Constitutional law – Charter of Rights – Freedom of association – Equality rights – Whether Ontario's Agricultural Employees Protection Act, 2002 violates the Charter guarantee of freedom of association by providing insufficient protections to enable agricultural workers to engage in a meaningful process of collective bargaining – Elements of collective bargaining protected by the Charter

 

 

Withler v. Canada (Attorney General)
Decided March 4, 2011

Constitutional law – Charter of Rights – Equality rights – Age discrimination – Whether federal pension legislation reducing a supplementary death benefit by 10 percent for each year by which plan members exceed prescribed age discriminates against surviving spouses

 

Native Child and Family Services of Toronto v. Communication, Energy, and Paperworkers Union of Canada
Decided November 4, 2010

Constitutional law – Labour relations – Certification Whether the labour relations of a provincial children's aid society providing child protection and family support services to the aboriginal community in Toronto are governed by federal or provincial labour relations legislation


NIL/TU,O Child and Family Services Society v. B.C. Government and Service Employees' Union
Decided November 4, 2010

Constitutional law – Labour relations – Certification – Whether the labour relations of a child welfare and family service agency incorporated provincially by several First Nations are governed by federal or provincial labour relations legislation


Syndicat de la fonction publique du Québec v. Attorney General of Quebec (Dismissal of casual employee Claude Mireault)

Syndicat de la fonction publique du Québec v. Attorney General of Quebec (Dismissal of probationary employee Lahcene Messaoudan)

Syndicat des professeurs et des professeures de l'Université du Québec à Trois-Rivières v. Université du Québec à Trois-Rivières (Refusal to renew fixed-term employment contract of professor)

Syndicat des professeurs du CÉGEP de Ste-Foy, Fédération des enseignantes et enseignants de CÉGEP v. Attorney General of Quebec, CÉGEP de Ste-Foy (Withdrawal of employment priority for CÉGEP teacher)
Decided July 29, 2010

Jurisdiction of arbitrator – Employment standards – Whether the most appropriate forum for deciding complaint of dismissal under Québec's labour standards legislation (An Act respecting labour standards) is a grievance arbitrator or the province's Labour Relations Board (Commission des relations du travail) – Whether statutory employment standard is an implicit term of collective agreement – Whether Québec's labour standards legislation invalidates inconsistent terms in collective agreement


R. v. Conway
Decided June 11, 2010

Charter of Rights and Freedoms – Remedies – Proper approach to determining remedial jurisdiction of administrative tribunals under s.24(1) of Charter


Fullowka et al. v. Royal Oak Ventures Inc.
Decided February 18, 2010

Civil liability for wrongful (tortious) conduct – Whether a parent union is liable for the wrongful actions of its locals, and whether a union is liable for the wrongful actions of its members


Plourde v. Wal-Mart Canada Corp.; Desbiens v. Wal-Mart Canada Corp.
Decided November 27,
2009

Labour relations – Closure of business – Unfair labour practice complaint alleging dismissal because of union activity – Scope of presumption in s.17 of the Quebec Labour Code and of employer's burden of proving "good and sufficient reason" for termination of employment – Whether employer may close its business for anti-union reasons in light of Charter guarantee of freedom of association and Quebec Labour Code provisions protecting employees' right to engage in union activity


Consolidated Fastfrate Inc. v. Western Canada Council of Teamsters
Decided November 26, 2009

Constitutional law – Division of powers – Jurisdiction – Whether local operations of national freight forwarding company that uses third party carrier for interprovincial transportation fall within federal or provincial jurisdiction


Nolan v. Kerry (Canada) Inc.
Decided August 7, 2009

Pensions Pension surplus Plan expenses Whether employer can use surplus arising in defined benefit portion of plan to fund its contribution obligations in defined contribution portion of plan Whether employer can pay plan expenses from the pension fund


 

 
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