Litigation

Upholding the rights of marginalized groups through public interest litigation

February 28th, 2013 by Shelina Ali

Canada’s human rights record has come under fire over the past several months. In December of 2012, Amnesty International released a highly critical report of the state of human rights in Canada. The report details abuses against vulnerable groups in Canada including indigenous peoples, women, migrant workers and refugees.

Amnesty International notes in its report that “support for strong advocacy and diverse, including dissenting, views in debates and discussion of important public policy issues is being dramatically undermined and rapidly dismantled [in Canada].”

This month, Human Rights Watch published a report detailing police abuses against indigenous women and girls in Northern British Columbia. The report found that Canada was not meeting its obligations under international law to address violence against indigenous women and girls.

With the Canadian government under fire for failing in protecting and promoting fundamental human rights in Canada, are there legal avenues that may be available to uphold the rights of marginalized persons, rights enshrined in the Canadian Charter of Rights and Freedoms?

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Iler Campbell cases reported

December 14th, 2012 by Paula Boutis

Two of my cases were recently reported: a housing co op eviction on behavioural and arrears grounds; and a worker co op wrongful dismissal and share claim by a former worker owner.  I’ve previously blogged about the worker co‑op case. Check out the links for the whole story of each case.

Superior Court of Justice renders good news decision for the worker co‑op sector

November 16th, 2012 by Paula Boutis

In early October, the Superior Court released a decision which looked at how the law governing fundamental changes to an employment contract applied in the context of worker co‑operatives. It also considered whether “sweat equity credits” amounted to “member shares” under the Co‑operative Corporations Act (CCA).

Continue reading “Superior Court of Justice renders good news decision for the worker co‑op sector”

Ontario Court of Appeal confirms broad scope of environmental protection in the Ontario Environmental Protection Act but Supreme Court of Canada hearing pending.

October 18th, 2012 by Laura Bowman

The Supreme Court of Canada recently granted leave to hear an important Environmental Protection Act case.  In Ontario (Environment) v. Castonguay Blasting Ltd., 2012 ONCA 165 (CanLII) Castonguay, a construction subcontractor caused fly rock to be flung 90 metres into the air during highway construction near Marmora, Ontario in 2007.  The fly rock caused damage to a nearby home and vehicle.

A year later, Castonguay was charged with failure to report the discharge of a contaminant under s.15(1) of the Ontario Environmental Protection Act (EPA).  This provision requires reporting of discharges of contaminants likely to cause an adverse effect to the Ontario Ministry of the Environment, (MOE) so that it can be investigated and addressed accordingly.

Continue reading “Ontario Court of Appeal confirms broad scope of environmental protection in the Ontario Environmental Protection Act but Supreme Court of Canada hearing pending.”

Court reinforces its hands-off approach to housing co-ops

August 1st, 2012 by Celia Chandler

This spring, one of our housing co‑op clients was served with a Superior Court application from a member under section 178 of the Co‑operative Corporations Act.   The application requested an order of compliance against the Co‑operative for five alleged breaches of the Co‑operative’s by‑laws and the Act.

This was uncharted territory for our client, and indeed for us.  Section 178 has been on the books for years, but has received minimal attention.

Continue reading “Court reinforces its hands-off approach to housing co-ops”

Wither Ontario’s Endangered Species?

January 12th, 2012 by Paula Boutis

On January 10, 2011, the Environmental Commissioner’s released his special report “Biodiversity:  A Nation’s Commitment, an Obligation for Ontario.”  The Commissioner’s Press release is aptly titled “Ontario Government Missing in Action to Halt the Loss of Biodiversity.”

Continue reading “Wither Ontario’s Endangered Species?”