Professional Discipline – Page 3

Federal Employee Termination Regime

by Johannes Schenk / On March 31, 2016 / In Employment Law, Litigation, Professional Discipline

Atomic Energy of Canada Limited v. Wilson deals with the matter of terminations of Federal non-union employees. Non-union federally regulated employees find themselves in a grey area when it comes to employment termination. The usual analysis requires cause for a…

Ghomeshi lawyer criticizes Mulcair

by Johannes Schenk / On March 30, 2016 / In Employment Law, Litigation, Professional Discipline

Jian Ghomeshi's lawyer, Marie Henein, has taken Tom Mulcair to task for tweeting #IBelieveSurvivors on the day that her client was acquitted of sexual assault charges, suggesting the NDP leader is just seeking to get votes.Source: 'It sure does get…

R. v. Ghomeshi, 2016 ONCJ 155 (CanLII)

by Johannes Schenk / On March 24, 2016 / In Litigation, Professional Discipline

Source: Decisions | Ontario Court of Justice The Ghomeshi decision. The decision is well worth a read to see how the Court determines witness credibility, or in this case witness non-credibility, and further how that ties into reasonable doubt. It…

‘Tainted’ testimony leads to Ghomeshi acquittal on all charges

by Johannes Schenk / On March 24, 2016 / In Employment Law, Litigation, Professional Discipline

An Ontario Court judge has acquitted Jian Ghomeshi on four counts of sexual assault and one count of choking, saying the "deceptive and manipulative" evidence of complainants raised a reasonable doubt in the guilt of the former CBC Radio host.Source:…

Evidentiary Considerations in a Judicial Review Proceeding

by Johannes Schenk / On March 17, 2016 / In Human Rights Law, Labour Law, Municipal Law, Professional Discipline

Source: 2016 BCSC 451 Sayami v. British Columbia (Superintendent of Motor Vehicles) This case deals with evidentiary considerations in a judicial review context of an immediate roadside suspension. The IRS process is unique but the principles discussed in this decision…

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