Recording of hearings: the sequel
Over at slaw.ca I wrote a column in July on the recording of hearings. In the column I wrote: In a recent case before Public Service Labour Relations Board, a party to the proceeding insisted on taping...
View ArticleFables for dispute resolution: the finale
In a recent blog post I highlighted some Aesop’s Fables suitable for dispute resolution. Here are three more. The first one exists in many forms and is often captured by the phrase “a bird in the...
View ArticleImplied power to award interest
Many statutes authorize decision-makers to award interest on money owing (e.g., Human Rights Code). Without the explicit provision in a statute, can a decision-maker award interest? The Federal Court...
View ArticleGuidance for Effective Mediation: Consent
The United Nations’ Mediation Support Unit has recently released Guidance for Effective Mediation. The guide covers 8 areas: •Preparedness •Consent •Impartiality •Inclusivity •National ownership...
View ArticleWhat is the Latin for “reframing”?
Over at hbr.org I saw a list of top reads for young leaders. On that list was the book of meditations by the Roman Emperor Marcus Aurelius (161-180 C.E.). Although I’m not young, I immediately went to...
View ArticleIs there a role for lawyers in fostering civil public discourse?
The political climate is heating up to a boiling point in the United States, with the presidential election next month. The quality of the public discourse in the U.S. in recent years has not risen to...
View ArticleSocial media and the exclusion of witnesses
I have a column over at slaw.ca this week on the exclusion of witnesses. One of the issues I touch on is the balance between open access to the justice process and social media. At the recent Canadian...
View ArticleBlogging Adjudicators and Allegations of Bias
Paul Daly on his blog Administrative Law Mattersrecently drew attention to a Federal Court decision on allegations of bias of an adjudicator who had written critical articles on the immigration and...
View ArticleManagers normally benefit from limitation clauses
There’s no way around it. An employment contract that limits liability will also limit liability against managers, if they were acting in the course of their employment. An Ontario Court of Appeal...
View ArticleChanges to CIRB Regulations: Confidentiality
The Canada Industrial Relations Board has published proposed amendments to its Rules of Procedure. The Standing Joint Committee on the Scrutiny of Regulations recommended that the Board create a more...
View ArticleModest Proposals: Access to Justice and Decision Writing
Last week I attended the 13th Annual Administrative Law, Labour and Employment Law Conferenceput on by the Canadian Bar Association here in Ottawa. Justice Thomas Cromwell of the Supreme Court was...
View ArticleWhen can a decision-maker ignore submissions – Part 2
In a blog post I wrote back in August, I said that it remained a best practice for adjudicators to address all the arguments raised by the parties. Although I did not cite it, the Alberta Court of...
View ArticleAccess to justice and disseminating decisions
Last week I wrote about what individual decision makers can do to make their decisions accessible to the public. What can tribunals do to make their jurisprudence accessible to the public, and by...
View ArticleArbitrators’ cancellation fees and successor unions
The Canada Industrial Relations Board has declined to deal with the issue of the liability of a successor union for cancellation fees for arbitrators when it changes its approach to handling...
View ArticleRule of Law and Access to Justice Report Card
As 2012 comes to an end, it is time to look back at the year that was. The Rule of Law Index for 2012-13 was recently released and although Canada remains near the top of the list, there are some...
View ArticleEvery decision benefits from a good copy editor and proofreader*
For most of my career as a decision-writer I have been fortunate to have had the services of a copy editor. The Public Service Labour Relations Board has professional copy editors on staff but many...
View ArticleNHL lockout: can we make sports negotiations work?
The weekend brought news of a tentative agreement in the NHL. The question remains, what took so long? Some knowledgeable commentators have already weighed in, with a focus on the negotiation...
View ArticleEmployer can use court to recover overpayment under collective agreement
In a recent Ottawa case, Ottawa (City) v. Girard, 2012 ONSC 7256, the Ontario Superior Court allowed the employer to proceed with a lawsuit seeking recovery of $48,000 from a recently dismissed...
View Article“Better get that in writing”: the pitfalls of oral reasons
A recent case out of England illustrates the risks of reading reasons in the hearing room without having written reasons readily available. The result was a public debate based on a fundamental...
View ArticleReinstatement after wrongful dismissal under the Canada Labour Code: court...
Non-unionized, non-supervisory employees have access to adjudication under the Canada Labour Code. One of the remedies available to the dismissed employee (“the complainant”) under the Code is...
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