Can Adherence to a Foreign Regulatory Obligation Attract a Claim of Discrimination in Canada? The Supreme Court Provides an Answer


When, as child, I would be confronted by my parents for being naughty, in an attempt to escape discipline, I would occasionally respond “It’s not me – the Devil made me do it”. It didn’t work then, and in view of the Supreme Court of Canada’s judgment in Québec (Commission des droits de la personne et des droits de la jeunesse) v. Bombardier Inc.,1 a variant thereof, fails, now, in employment discrimination cases. In that judgment, the Supreme Court held definitively that a Canadian company cannot rely solely on the fact that a decision that it took was in furtherance of a decision rendered by a regulatory agency in the United States, as an affirmative defence to a charge of discrimination with respect to rights guaranteed under the Quebec Charter of human rights and freedoms [“Charter”].2 On the other hand, that same Court has clarified what must be proven for any “adverse effect” discrimination claim to succeed, and the process that governs. More…

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Two for Tuesdays: Freshen Up Your Content Marketing

As I was doing some reading on content marketing, I came across this post from almost a year ago, which is, ironically, about staying current with your content marketing to avoid becoming a dinosaur.

And while it’s true that it’s important to stay on top of the trends and “hot” ideas in content to make sure that what you’re producing is being consumed and shared, there are some excellent tips in there that lawyers, firms and law firm professionals will find of use in their own content marketing strategies, and are actually still fairly current. 

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Creating Natively Digital Brand Experiences – A Recap

Attendees at the Legal Marketing Association conference will normally shy away from any session that is entirely presented by service providers – but if that session is done by One North, they’re making a big mistake.

Not only are they always entertaining, but they assume the audience comes in with a high level understanding of the content to begin with (not always the case with all presenters, admittedly) and they deliver some solid food for thought. 

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Two for Tuesdays: Challenges to Content Marketing

It feels good to be getting back into the routine after being away at LMA15! You’ll still be seeing a couple more recap posts from me (two, perhaps three), but today, we’re back to our regularly scheduled Two for Tuesdays, and yes, we’re still looking at content marketing.

As expected, content marketing was the buzz of the LMA too, and it’s not going away any time soon. Lest you start to panic, law firms have been producing content long before it was “cool” to do so – we’ve just now got a name for it. 

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Franchisee Who Ignored His Disclosure Document Loses Lawsuit

Writers BlockA franchisee who sued his franchisor for fraud learned the hard way why it’s important to read the Franchise Disclosure Document, cover to cover, before buying a franchise. A California franchisee of Big O Tires sued the company in California court, alleging that Big O defrauded him when it sold him a franchise. The California Court of Appeals ruled against him because the disclosure document Big O gave to the franchisee before he bought contradicted each and every one of his claims.

Mr. Hailemariam purchased his Big O Tires franchise in February 2008. Before he bought the franchise, he received Big O’s Uniform Franchise Offering Circular (“UFOC”). The UFOC was similar in content and structure to the Franchise Disclosure Document that franchisors are now legally required to give prospective franchisees.

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Updates in Employment Law

The beginning of the new tax year on 6th April is one of two dates in the year when changes to employment law tend to be made. This is a brief summary of some changes which came into force this week:

Shared Parental Leave

As discussed in more detail in our blog last week, the shared parental leave scheme is now available to all parents due to have or adopt a child.

Adoption rights

A number of changes have been made to the rights of those adopting children as of the 5th April 2015. These are:

  • The requirement for employees to have 26 weeks service in order to be eligible to take adoption leave has been removed, making it a ‘day one’ right in line with maternity leave.
  • Employees have the right to time off to attend adoption appointments if they have at least 12 weeks service. Single adopters are entitled to paid time off to attend up to 5 appointments. Where there are joint adopters, only one is entitled to pay, and the other is entitled to unpaid time off to attend two appointments. It should be noted that an employee who takes paid time off to attend adoption appointments may not then take paternity leave in respect of the same child. Couples adopting children will therefore have to consider if they will both attend appointments and which of them will elect to be paid.
  • Statutory adoption pay has been brought in line with statutory maternity pay, so that it is paid at 90% of the employee’s gross weekly earnings for the first 6 weeks of leave.
  • Adoption rights are extended to couples adopting a child from outside the UK and to those fostering children in England as part of a Fostering for Adoption placement.
  • Rights to adoption leave and pay are also extended to parents where their child is born to a surrogate. The fact that this involves a birth rather than a placement means there are slight differences in the provisions, such as those on notification and evidence.
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Week of September 1, 2014 on ILNToday – A Roundup!

Here we are, Friday again, and if you’ve been following along with my HVAC saga, the update is that as of 7pm last night, I have fully working air conditioning! That means that I’m particularly cheerful as I share with you this week’s top posts from ILNToday!

Grab your coffee and jump into reading them!


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Week of May 26, 2014 on ILNToday – A Roundup!

We’re back with our first roundup since the ILN Annual Meeting, and still recovering from the wonderful time we had with our delegates in Chicago.  If you’d like to see some of the photos from the conference, check out our album over on our Facebook page!

After you’ve taken a gander at the photos, check out these top articles from our firms for this week!

Enjoy the weekend!

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Week of March 17, 2014 on ILNToday – A Roundup

It’s a beautiful day in the neighborhood, as Mr. Rogers would say – we may have had seven and a half inches of snow on Monday, but today is sunny with the promise of temps in the 60s. Could spring really be here after all?

So while you’re sipping your coffee this morning, take a look at our top posts of the week from ILNToday:

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"Authenticity" Might be a Dirty Word, but it’s Essential to Good Networking

“Authenticity” has become a dirty word in the last few years.

It’s right up there with some of the other most hated buzzwords and phrases – “at the end of the day,” “thinking outside of the box,” “synergy,” “value add,” “circle back,” “bandwidth.”

Are you cringing yet? 

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