Labour Law – Page 8 – Schenk & Associates

Yes You Can Complain to The Human Rights Tribunal

A very common issue that arises in administrative law: more than one body can hear, rule and decide on a matter. The follow up issue arises: which body should run that process. Further, once you have an answer from one…

Street Racer Deported: Judicial Review Standards

by Admin / On March 6, 2009 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Canada (Citizenship and Immigration) v. Khosa, 2009 SCC 12, has been decided against Mr. Khosa. The decision is one of the first that deals with the application of Dunsmuir. In doing so the Court re-emphasizes that standards of review are…

Bias and Impartiality

by Johannes Schenk / On November 28, 2008 / In Employment Law, Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Bias arguments are commonly made. Here is a case referred to me by my friend John Gesher, who is Counsel at the Regional Municipality of Peel. The case of Boardwalk Reit LLP v. Edmonton (City), 2008 ABCA 176 (CanLII), concerns…

Post Dunsmuir Standard of Review

by Johannes Schenk / On November 27, 2008 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline

What's a poor boy to do (or lawyer to do) when faced with Dunsmuir and the standard of review and the ATA standards of review. Well naturally you would rely on this case, Lavigne v. British Columbia (Workers Compensation Review…

Management Theory: Theory X and Y

by Johannes Schenk / On October 6, 2008 / In Employment Law, Human Rights Law, Labour Law

What kind of a manager are you? What culture of management does your firm embrace? Are you following theory X or theory Y?

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