In reasons for judgment handed down today, the Honourable Madam Justice Bruce upheld the decision of the BC Human Rights Tribunal in this important age discrimination case under the BC Human Rights Code. The reasons for judgment are available here.
Counsel for the Plaintiff and Defendant have settled on the form of Certification Order, which has now been sent to the Court Registry for formal entry. A copy of the Certification Order is available here. It attaches as Appendices the following: Appendix A – Notice of Class Action Appendix B – Opt Out Notice Appendix … Continued
The Globe and Mail has published an article on the McCormick v. Fasken age discrimination claim in its Report on Business.
Today, the BC Supreme Court handed down a landmark decision in the claim by Mitch McCormick against Fasken Martineau, upholding the decision of the BC Human Rights Tribunal on the fundamentally important questions of jurisdiction.
At a Case Management Conference held at 9 am today, the Honourable Judge Kelleher approved a form of Notice of Class Action and required that Catalyst deliver such Notice to each member of the various classes. Catalyst is to deliver and/or mail the Notice to each class member by Monday, June 6th. The Notice will … Continued
Murray Tevlin was interviewed today by CBC’s Anna Maria Tremonti on “The Current” regarding issues surrounding mandatory retirement of senior professionals. The case involves allegations of age discrimination by Mitch McCormick, a very long term and senior Fasken equity partner who is trying to avoid being forced out of the law firm as an equity … Continued
Murray Tevlin and Dan Gleadle attended a Case Planning Confernece before Judge McEwan in BC Supreme Court today, to obtain directions from the Court as to the timing of steps to occur before the Certification Hearing. The Honourable Mr. Justice McEwan directed that the following occur: By May 31, 2011 BCMA will decide if it … Continued
Withler and Fitzsimonds v. Canada (Attorney General), 2011 SCC 12 – March 2011 The Supreme Court of Canada faced two representative plaintiffs in two class actions claiming age discrimination in two Superannuation benefit plans of the federal government. The actions involved claims totalling about $2.6 billion. The actions had been dismissed at the BCSC and BCCA … Continued
Ontario Ministry of Labour v. United Independent Operators Ltd. 2011 ONCA 33 The Ontario Court of Appeal faced the question whether a labour broker for true independent contractors were included in the definition of “Employer” for the purposes of the Occupational Health and Safety Act of Ontario (“OHSA”). The government had prosecuted the contractor for … Continued
Counsel appeared before Judge Kelleher in BC Supreme Court Chambers today at a Case Management Conference, to attempt to resolve the form of Notice to be given to class members. The court heard submissions from counsel as to the form of Notice that would be appropriate in the circumstances but made no determination. The Court … Continued
I was fortunate to be referred to Tevlin Gleadle Curtis upon the surprising termination of my employment. During a very stressful time, their systematic and balanced approach provided the clarity and options essential to move a personally demanding process forward. Their effort and quick reaction times resulted in a court appearance four months post dismissal and a favourable judgement one an half months later.