Globe and Mail, Report on Business – Update on McCormick v. Fasken
The Globe and Mail has published an article on the McCormick v. Fasken age discrimination claim in its Report on Business.
Blog & News
McCormick v. Faskens (Age Discrimination Complaint against National Law Firm)
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.
Court Approves Notice and Cutoff Date for Opting In or Out
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 Interview – McCormick v. Fasken (“The Current”)
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
BCMA Benefit Fees Action – Court Sets Dates for Subsequent Steps in Action
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
Supreme Court of Canada Again Requires Purposive and Contextual Approach to Statutory Interpretation
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
Wide Meaning of “Employer” for Ontario Safety Statute
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
Update – Somerville v. Catalyst (Case Management Conference)
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
Alberta Court of Appeal Considers meaning of Employee in Context of Alberta Human Rights Act
The Alberta court of Appeal considered the question of whether an employee of a true independent contractor to Syncrude Canada was an employee, broadly stated of Syncrude, for the purposes of Alberta human rights legislation.
Recent Developments in Punitive Damages
Blair Curtis has written an article for the upcoming BC Continuing Legal Education Employment Law Conference, tracing developments in the law of punitive damages for wrongful dismissal cases. The article traces recent decisions from Canadian courts where plaintiffs seek to recover extra damages for mental distress based on the conduct of an employer at … Continued