Labelle v. Rogers Communications Inc.
Labelle v. Rogers Communications Inc. Deborah P. Labelle filed a complaint with the Canadian Human Rights Commission on September 3, 2009 against Rogers Communications Inc. The complainant, Labelle feels that Rogers Communications Inc. the respondent, discriminated against her because she is a woman. This falls under section 3 of the CHRA which covers and protects against sex discrimination. Labelle alleges she was treated differently compared to her male counterparts and was eventually fired from her position. The complainant filed this complaint on the grounds of sex discrimination.
The Commission on the date of April 8, 2011 announced to the Tribunal and the alleged parties that is would not be involved in the hearing directly. They enclosed documentation and forwarded it to both parties concerning the information about legal council should they have any questions. A mediation date was set shortly after on April 19, 2011. At this point the Tribunal uses a courier service to contact all parties involved. This requires the recipient to sign for the documents being delivered. This presented an issue for the complainant from the beginning. The courier has history saved to record when a delivery is attempted and is either successful or unsuccessful. Throughout the entirety of this case, Labelle was unable to be contacted on over 5 attempts by the courier service.
It became increasingly difficult to reach the complainant, multiple dates
Hopkins v. Price-Waterhouse is a very detailed case, that features many aspects of the patriarchy, and lingering ways of thinking about gender that are hopefully being phased out of modern society. The Supreme Court chose not to make a ruling, which was the right decision in a legal sense, though there was more proof that Hopkins was discriminated against.
The job for which Sheila White was hired was by her own admission too tough for her to perform.
R.v. Feeney (1997) is a important case for the development of a Feeney warrant, which is needed for the police to enter a dwelling house. This ensures individuals have privacy at their homes from the police making forcible entries. When a suspect gets arrested and their privacy rights are infringed. The job of the courts are then to evaluate the case, and check if the appellants rights were indeed violated, if so was it because the protection of society outweigh the individual right to privacy. First, in this paper we will discuss important section numbers relating to the Feeney case which includes section 8, 10 (b), and section 24 (b). Than we will examine the ruling from the Supreme Court of Canada regarding the Feeney case and how this case has impacted police in their work and assuring individuals their right to privacy. After we will look at two other cases precedent to the Feeney case that includes R.v. Godoy (1999) and R.v. Gomboc (2010). Lastly, the personal analysis section will evaluate the decisions made from the three cases, identifying whether the judges have made the correct decisions.
The facts of Malins v SRA 2017 are as follows: in 2013, the appellant provided his legal service to his client, had filed for After the Event Insurance policy to help cover against adverse costs. In 2012, the law changed under the Legal Aid, Sentencing and Punishment of Offenders Act 2012 and came into force on 1st April 2013 which stated under section 46 that claims after this date would no longer be entitled to recover the costs. However, you would only be able to recover such costs if a notice in form N251 had been given to the opposite party and filed at court. Although the appellant thought that he had given the required notice on the 19th of Match 2013, the other side affirmed during mediation, in January 2014, that they had not received any notice. Also, he was informed by his assistant that he failed to file with the court too. This lead the appellant to create a letter and a form N251 with a later date which he sent it to the other party and then subsequently relied on it during the settlement.
Style of Cause and Citation: - R. V. Lloyd, 2016 SCC 13, [2016] 1 S.C.R. 130 Court: - Supreme Court of Canada Facts of the Case: - Appellant is a addicted to drugs - Was a dealer as well - Has a prior coniction in relation to drugs - Has served time for his prior conviction - Was then convicted on three accounts of possession with the purpose of trafficking Issues/ Questions before the court: - Is the mandatory minimum sentence in s. 5(3) of the CDSA unconstitutional? - Dose this violate section 12,7, and 9 of the charter? - Do the provincial courts have the power to rule that something is unconstitutional? Procedural History: - Provincial court sentenced the appellant to twelve months under s. 5(3) of the CDSA - Appellant stated that
All through the greater part of the nineteenth century and on into the 1930s, the Preeminent Court did not take after Marshall's lead; it was hesitant to permit an extension of government control to the detriment of the states. As the cosmetics of the Court changed with the arrangements made by President Franklin Roosevelt, so did the course of its choices. In the zones of common freedoms and social liberties specifically, the Incomparable Court and the lower government courts have set national models that states and regions are committed to take after. Through their understanding of the due procedure and equivalent insurance conditions of the Fourteenth Amendment, they have achieved a huge exchange of energy from the states to the
The reemployment process in the airliner industry has been a major concern over the past few decades. Due to the fact that the United States has been involved in multiple wars means that thousands of airliner pilots have been forced into military service. Why? These pilots were on inactive duty service. When America went to war, these individuals were called upon to serve the country. Once finished with their service, these individuals have a hard time retrieving the same paygrade status prior to service. One particular court case stands out from the rest of the group. In Derlyn E. Moe v. Eastern Air Lines, INC., conducted by the United States Court of Appeals, Fifth Circuit, on June 18, 1957, involves an airliner copilot that was denied senior paygrade status after completing his service to the U.S. Armed Forces.
Facts: The parties represented in this case: The National Federation of Independence Business, 26 U.S. states, and many individuals and businesses. These subjects filed against the Secretary of the Department of Health and Human Services, Kathleen Sebelius and other entities. The plaintiffs challenged the constitutionality of the Patient Protection and Affordable Act of 2010. The plaintiffs deemed two provisions unconstitutional, the Medicaid expansion provision and the individual mandate. The individual mandate provision penalizes U.S. citizens financially if they did not purchase a health insurance policy. The Medicaid expansion provision required the states to increase in size or risk losing their existing federal income. The U.S. District Court of Northern District of Florida ruled in favor for the plaintiffs. The Eleventh Circuit from the Court of Appeals agreed and disagreed in some areas but concluded that the Individual mandate was unconstitutional. Certiorari was permitted by the U.S. Supreme Court to resolve the split decision between the appellate courts.
The AT&T Mobility versus Concepcion legal dispute was decided by the US Supreme Court after a protracted legal battle. The landmark ruling by the Supreme Court endorsed the use of arbitration by business to the specific affected individual and prevented the class action. The Supreme Court ruled that the Federation Arbitration Act of1925 (FAA) has precedence over state laws that prohibit contracts which disallow class-wide arbitration. The legal tussle between Concepcion and AT&T started when Concepcion who had been contracted by the AT&T realized they had to pay taxes on AT&T phones that were advertised as being tax free. Upon realizing about this misrepresentation, Concepcion filed a case against AT&T under class action. However, AT&T disputed against Concepcion demand and moved to court for an order to compel Concepcion to use arbitration as per their contract. On the other hand, Concepcion opposed AT&T arbitration process on the grounds that the contract was illegal in California law which allowed for class action. The California courts, both the lower courts and the Ninth Circuit Court of Appeals found the arbitration process illegal. These courts used the findings from the Discovery Bank Versus Superior Court, 36 Cal. 4th 148(2005) where the FAA law did not have precedence over the California law, thus only the California laws were applied. However, AT&T appealed to the U.S Supreme Court that ruled in favor of the company.
It has come to my attention that there is a choice for Rogers Wireless to go international or to remain domestic. I would like to offer my advice as to why I feel it is in the best interest of the company to remain domestic. I purpose there is sufficient evidence the company would be at a greater advantage remaining domestic.
Bill McLaren Jr. v. Microsoft Corporation, the fundamental dispute is whether a business has the privilege to interrupt a laborer's protection as it identifies with individual messages. Protection rights can be abused under regular law if the interruption into the private life would be discovered hostile by a sensible individual. Bill McLaren Jr. was a representative of Microsoft who was under allegation for lewd behavior and suspicion of stock issues. As the allegations were examined, McLaren was denied access to his messages unless he particularly asked for them and it was approved. He sent a reminder to Microsoft to not mess around with his workstation or his own email organizer. Microsoft later terminated McLaren after their examination
If you’ve been involved in an accident in Nashville, TN, that left you with emotional distress or painful injuries, then you might have the chance to file a personal injury lawsuit. At Rogers Law, we are willing to fight for our clients so they have the chance to receive compensation for their medical treatment or rehabilitative care.
I am writing to advice you on the actions you should take that will benefit you the most considering your current situation. After a lot of consideration, we at Sophocles and Plato LLP of Republic Chambers believe that the best way to resolve your dispute with Motor Services (Medway) Ltd would not be through the use of litigation as you stated your intentions in your case file however would be to engage in an alternative dispute resolution (ADR) first, with litigation being a final resort. Our professional opinion noted that mediation would be the best process to use for your specific situation as will give you the best
Transformers & Rectifiers Ltd (Claimant) and Needs Ltd (Defendant) were in a commercial relationship since the mid-1990 's. During that period both parties deal in numerous transactions on almost a weekly basis. However, the Claimant 's was inconsistent in its method of placing orders. Sometimes orders were placed by fax, sometimes as a pdf attached to an email and occasionally by post.
The author argues that the operation of Belize test should be understood as: A term has to be fit in either of the traditional test, but before the implication, it has to be checked by Belize that is in congruence with the reasonable interpretation of the contract as a whole. However, there are some fears that the role of necessity has been trumped by reasonableness in Belize that will consequently lead to the court making the contract for the parties. The preliminary issue is how should we understand “necessity”. Some say it is necessary to make the contract work. Some others propose that it is meant to give effect to the intention of the parties. To uphold the principle of freedom of contract, the court must give effect to what the contractual parties intended therefore the court does not inquire into the subjective intention of the either party. In Liverpool City Council and Philips both stress the importance of necessity. Yet we should be careful in both cases they did not nevertheless totally eliminated the role of reasonableness. The difficult here lies in how the court could