Human Rights Law – Page 8 – Schenk & Associates

Employment Contract Frustration

by Johannes Schenk / On February 18, 2010 / In Employment Law, Human Rights Law, Uncategorized

The doctrine of contract frustration deals with situations where a party cannot meet their obligations under a contract due to some non-culpable event. In the case of employment contracts the situation often arises where an employee becomes ill or disabled…

Yes You Can Complain to The Human Rights Tribunal

by Admin / On February 17, 2010 / In Employment Law, Human Rights Law, Labour Law

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…

Maternity Leave and Reasonable Notice for Employment Termination

by Johannes Schenk / On December 8, 2009 / In Employment Law, Human Rights Law

In case it wasn't obvious, reasonable notice periods are suspended by maternity leave. Don't terminate your pregnant employees or employees that are on maternity leave. See the following cases: Whelehan v. Laidlaw Environmental Services Ltd. Winterburn v. Domtar Inc., 2002…

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…

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