Novel Issues Raised by Transgender Human Rights Complai …

September 12th, 2019

A recent human rights complaint against several salons in Vancouver, British Columbia sheds new light on the relationship between human rights law and persons who identify as transgender. Discrimination Against Transgender Persons Jessica Yaniv, a transgender woman from British Columbia, has launched human rights complaints against several salons in Vancouver who refused to wax her […]

 

Can My Employer Dismiss Me Due to My Unseen Disability?

September 10th, 2019

Employers should investigate further before immediately dismissing employees for violating workplace drug and alcohol policies. An employee’s diagnosis of substance dependence would be considered a disability, which is a protected ground under the Canadian Human Rights Act (CHRA) for federally regulated employers. In a recent arbitral decision, Canadian Pacific Railway v Teamsters Canada Rail Conference, […]

 

After the Family Court Changes a Final Order, is the Or …

September 5th, 2019

Family Law is all about changing family dynamics. Families do not stop changing just because a court makes a final order. Parenting arrangements and child support are particularly prone to changes because children’s lives change as they get older and child support is centered around parents’ incomes, which can vary each year. Consequently, there is […]

 

What if your spouse shortchanges you in their will?

August 29th, 2019

If you are unhappy with the amount your spouse left you in their will, you may have some legal options, for example: Option 1: Instead of taking under the will consider electing for “Equalization” if you were married. Ontario’s  Family Law Act (“FLA”) views marriage as an economic partnership and gives married spouses the option […]

 

Can Behaviours Associated with a Sex Addiction Merit Em …

August 27th, 2019

A recent Nova Scotia labour arbitration decision suggests that employers may not have to accommodate employees who have a medically diagnosed sex addiction where behaviours associated with such an addiction clearly justify discipline or termination. In Ontario human rights law, all employers must accommodate employees with a disability to the point of undue hardship. This […]

 

What is a Continuing Power of Attorney for Property?

August 22nd, 2019

A Continuing Power of Attorney for Property is a legal document in which you can appoint a person or persons to act on your behalf (called an “Attorney”) with respect to your property and financial affairs. The document will allow them to make decisions for you if you become incapable of managing your financial affairs. […]

 

Could a Gift Card Compensate for a Minor Human Rights T …

August 20th, 2019

A recent British Columbia Human Rights Tribunal decision has struck down a human rights complaint by a supermarket customer on the grounds that she was already compensated by the store for her complaint. But what compensation was considered enough? In Duke v Sobeys, 2018 BCHRT 283,  the complainant went grocery shopping at a Sobey’s in […]

 

How Canada’s Privacy Legislation Affects the Use of T …

August 15th, 2019

Businesses often use third party entities to process customer information or transactions and to then relay portions of that information back to the business.  Businesses using third parties in this manner should be aware of the provisions of Canada’s privacy legislation in this regard.   Overview of Canada’s Privacy Legislation   Canada’s two predominant privacy […]

 

Thinking of Getting Married? Maybe You Should Consider …

August 13th, 2019

There is more to marriage than just a party with a DJ and catered food. Getting married is a serious legal undertaking which involves significant financial consequences. I realize that discussing a marriage contract with your spouse can be extremely difficult and may spoil the mood. Marriage contracts are not for everyone – but they […]

 
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