Factual Estoppel Should the WC tribunal make findings of fact, the question of factual estoppel will arise. This is independent of the human rights statute and will rest on common…

  Reinstatement under Alberta Human Rights Act There is no issue that the Act allows reinstatement as a potential remedy. This being said, orders of reinstatement have been few. The…

The Gatekeeper: Alberta Alberta provides a good example of the role of the Commission in denying or permitting a complaint to proceed to hearing. It is the Director’s initial decision…

  Choice of Forum: Grievance Process vs Human Rights The issue as to the right of a unionized worker to use the human rights process, as noted in the above…

The Grievance Process & Human Rights Remedies The issue may arise as to whether a unionized worker is obliged to use the grievance process to submit a human rights complaint,…

The traditional view of the common law has been that the employer has no obligation to provide to the employee the reason for termination. The questions to be considered are:…

Why Mediation Is So Important — A Lesson from Barry v. Anantharajah I recently came across an excellent commentary by Sean Brown, Partner at Flaherty McCarthy LLP, discussing the Ontario…