Say it ain’t so: Simply stating document is ‘privileged’ doesn’t mean it is

by Hannah Roskey and Katie Clayton

Maintaining the privilege of a document is a fundamental aspect of any litigation. The Canadian legal system is premised on the search for truth, which, by default, requires parties to disclose relevant documents to one another in the course of litigation. This is the case in traditional civil actions and generally so for other similar adjudicative processes.

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Can one unionized worker sue another?

September 18, 2016 - by: Northern Exposure 0 COMMENTS

by Stéphane Fillion and Romeo Aguilar Perez

It is well established in Canada that any legal action whose essential character arises from a collective agreement falls under the exclusive jurisdiction of an arbitrator, not the courts. Clearly, that includes a dispute between a unionized employee and his or her employer.

But what if a dispute involves not only a unionized employee and an employer but also other employees? In other words, can a unionized employee personally sue a colleague for damages that occurred while at work in the courts? According to a recent Quebec Court of Appeal decision in Barber c. J.T., apparently not. read more…

An abbreviated case for cause

January 24, 2016 - by: Keri Bennett 0 COMMENTS

by Keri Bennett

We all know litigation is expensive. That’s particularly true when an employer seeks to justify a for-cause termination. But there may be an alternative to protracted litigation. In Cotter v. Point Grey Golf and Country Club, the British Columbia Supreme Court proceeded in an abbreviated way. It recently allowed a for-cause termination matter to proceed by a short summary trial, saving the employer thousands of dollars in legal fees. And the result was great, too. The court confirmed that the employer had cause to terminate. read more…