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Provincial Court – Appeal or Judicial Review

When a court sees fit to give Judgment as a result of a pre-trial procedure or application, the same interests in certainty and finality are engaged, as is the statutory goal of speedy resolution of claims. I see no reason why the successful party should have to wait longer to enjoy the benefit of the Judgment than he or she would have to wait if the Judgment had been given at trial.
Although the application for judicial review is not subject to the appeal period in s. 6 of the SCA or to any other specific time limit, an applicant who seeks judicial review of an order giving Judgment or dismissing a claim must still act promptly. If there is to be a delay significantly greater than the 40 days that would be allowed in the case of an appeal, the applicant should, in my view, provide some evidence of a reasonable explanation for that delay.

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Gay Iranian Refugee Claims he was Beaten and Raped After Being Outed in CBC Doc – Canadaland reports (www.canadalandshow.com)

Farzam Dadashzadeh filed a lawsuit in B.C. Supreme Court on August 15, and his notice of civil claim describes the alleged aftermath of the film going viral in Iran after its original airing on CBC’s Sunday Night on Feb. 18, 2007. Dadashzadeh claims he was studying English and working as a hairstylist in Tehran at the time of filming, hoping to one day open an English-language school in the city. Other than an aunt living outside the Islamic republic, nobody in his family knew of his sexual orientation, according to the lawsuit.

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PRIVACY IN THE WORKPLACE – Ten Tips for Addressing Employee Snooping

Ensuring that personal information held by an organization is accessed only by employees who need it , and only at times that information is required for legitimate business purposes, can be a challenge — but it is a challenge that needs to be addressed. Without appropriate preventative safeguards, human curiosity and other motivations (including sinister ones, such as profit and/or harm to individuals) can lead employees to access personal information without authorization and without a legitimate business purpose — also known as “employee snooping”

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STATUTORY PRIVACY RIGHTS – There are a number of laws in Canada that relate to privacy rights, and there are various government organizations and agencies responsible for overseeing compliance with these laws.

The Privacy Act relates to an individual’s right to access and correct personal information the Government of Canada holds about them or the Government’s collection, use and disclosure of their personal information in the course of providing services (e.g., old age pensions or employment insurance).
PIPEDA sets out the ground rules for how private-sector organizations collect, use or disclose personal information in the course of commercial activities across Canada. It also applies to personal information of employees of federally-regulated works, undertakings, or businesses (organizations that are federally-regulated, such as banks, airlines, and telecommunications companies).

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Ghomeshi Acquittal – The Power of The Rule of Law

The Court carefully considered and weighed the evidence. In the case of the three complainants, the Court found that they were lacking in honesty, sincerity and accuracy. Indeed, the Court concluded: “The evidence of each complainant suffered not just from inconsistencies and questionable behaviour, but was tainted by outright deception.” In the Court’s view, “the volume of serious deficiencies in the evidence leaves the Court with a reasonable doubt.” Accordingly, the Court dismissed the charges and acquitted Mr. Ghomeshi. Judging from the press coverage as the trial unfolded, this was not unexpected.

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The obligation of good faith and fair dealing is incapable of precise definition. However, at a minimum, I believe that in the course of dismissal employers ought to be candid, reasonable, honest and forthright with their employees and should refrain from engaging in conduct that is unfair or is in bad faith by being, for example, untruthful, misleading or unduly insensitive. (Wallace v. United Grain Growers Ltd. [1997] 3 S.C.R. 701 (Supreme Court of Canada))