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federal court of appeal

By Barry B. Fisher LL.B. | 2 Minutes Read July 18, 2022

Court confirms that under the unjust dismissal section of the Canada Labour Code the arbitrator can order reinstatement or compensation in lieu

unjust dismissalIn Hussey v Bell Mobility ( 2022 FCA 95) Justice Pelletier was reviewing the decision of a Unjust Dismissal Adjudicator who, having found that the employee was unjustly dismissed, refused to reinstate her as he was not satisfied that given the employee’s past actions and her lack of remorse and self reflection, that there existed the grounds for a viable continuing employment relationship.

Article by Barry B. Fisher LL.B. / Business, Employment Standards, Payroll / Canada labour Code, employment law, federal court of appeal, reasonable notice, termination, wrongful dismissal Leave a Comment

By Drache Aptowitzer LLP | 2 Minutes Read February 12, 2020

The Lord works in mysterious ways

The Federal Court of Appeal recently released its decision in the Church of Atheism of Central Canada case. While the Appellant appears to have been self-represented the case provides guidance to lawyers in the area and corrects what may have been the start of a very difficult path for the law of charities.

Article by Drache Aptowitzer LLP / Not for Profit / Adam Aptowitzer, Charter rights, Church of Atheism of Central Canada, definition of religion, federal court of appeal, incorporation, trivial nor insubstantial burden

By Drache Aptowitzer LLP | 7 Minutes Read January 15, 2020

It’s a whole new ball game for charities at the FCA

Many in the sector have, for many years, advocated that appeals from decisions to revoke and refusals to register be heard by the Tax Court for this exact reason. They are simply better suited for testing the facts. Unfortunately, for whatever reason, these pleas have not been heard by Parliament, now though, for strictly practical reasons, they may have no choice but to make changes. All around, Vavilov will have positive implications for the charity sector.

Article by Drache Aptowitzer LLP / Finance and Accounting, Not for Profit / administrative law, Administrative Standard, charities, courts, CRA, federal court of appeal, judges, tax court, Valivov

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