labour

Canada v Gatien: How the Federal Regulator for Workplace Violence handled Workplace Violence

Courts have long grappled with when to give deference to tribunals. In Canada (Attorney General) v Gatien 2016 FCA 3 [Gatien FCA], the courts return to the level of deference owed to decisions made by the Public Service Labour Relation Board (“PSLRB”). Interestingly, in Gatien FCA Ms. Gatien, who won at the PLSRB, sought judicial […]

The SCC’s decision Payette v. Guay and the Potential Implications for Bhasin v. Hrynew

In my previous post here on The Court, I discussed the upcoming appeal of Bhasin v. Hrynew, 2013 ABCA 98, and how the Supreme Court of Canada has an opportunity to clarify whether contractual interpretation should be guided primarily by the intention of the contracting parties at the time the agreement was made (the intentionalist […]