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[136] The Supreme Court of the United States has also grappled with identifying theappropriate principles governing when courts should overrule precedent. In Planned Parenthoodof Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992), O’Connor, Kennedy and Souter JJ.,writing for a majority of the Court on this point, held that when the Court considers whether tooverrule an earlier case, “its judgment is customarily informed by a series of prudential andpragmatic considerations designed to test the consistency of overruling a prior decision with the2011 SCC 20 (CanLII)ideal of the rule of law, and to gauge the respective costs of reaffirming and overruling a priorcase” (p. 854). To this end, she articulated four factors to be considered in deciding whether tooverrule precedent, at pp. 854-55:1. Has the rule proved to be intolerable because it defies workability?2. Is the rule subject to a reliance that would lend a special hardship to theconsequences of overruling and add inequity to the cost of repudiation?3. Have related principles of law developed as to have left the old rule no morethan a remnant of abandoned doctrine?4. Have facts so changed, or come to be seen so differently, as to have robbed theold rule of significant application or justification?
[137] Professor Debra Parkes has summarized eight criteria suggested by Professor B. V.Harris as follows:1. Can the precedent be distinguished?2. Was it decided per incuriam?2011 SCC 20 (CanLII)3. Is the precedent unworkable?4. Are new reasons advanced not considered in the earlier case?5. Does the law now view the precedent to be wrong?6. Do the values underlying error correction or doing justice outweigh the valuesof adherence to stare decisis?7. Would error be swiftly corrected by the legislature in non-constitutional <strong>cases</strong>?8. Are foundational principles of human and civil rights involved?See D. Parkes, “Precedent Unbound? Contemporary Approaches to Precedent inCanada” (2006), 32 Man. L.J. 135, at p. 149, citing B. V. Harris, “Final AppellateCourts Overruling Their Own ‘Wrong’ Precedents: The Ongoing Search forPrinciple” (2002), 118 L.Q.R. 408.
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CITATION: Brito v. Canac Kitchens,
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Page: 3a) What, if any, period of n
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Page: 5[18] Having regard for Canac
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CITATION: Chandran v. National Bank
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Page: 3against him by the employees
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Page: 5the employees who raised the
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Page: 7had no obligation under the
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Page: 9[37] Mr. Chandran’s last j
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Page: 11large number of unsolicited
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Page: 13disciplinary letter against
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Page: 15evidence of acrimony betwee
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Page: 17Toronto office. He admitted
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Page: 19increase in the quantum of
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Page: 21Weissach Motors and MCL Mot
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Page: 23“There can be no catalogu
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Page: 25[123] On the basis of the a
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QUEEN’S BENCH FOR SASKATCHEWANDat
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- 3 -meet his financial obligations
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- 5 -[11] On June 28, 2002, without
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- 7 -and a capital gain of $23,874.
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- 9 -may have delayed commencement
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- 11 -had purchased late in 2001 an
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- 13 -[34] Stated in another way, w
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- 15 -supervised by the plaintiff.
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- 17 -purchasing agent for a compan
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- 19 -sales, conducting retail sale
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- 21 -employment with Bennett Dunlo
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- 23 -[54] The issue was taken up b
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- 25 -59 ... Damages attributable t
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- 27 -not have any information rega
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- 29 -[66] Both Mr. Coppola and Mr.
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- 31 -expense accounts which contai
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- 33 -by the plaintiffs in the abov
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- 35 -Pre-judgment interest[76] Mr.
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- 37 -the six month notice period.
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SummaryFollowing concerns raised by
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2REASONS FOR DECISIONIntroduction[1
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4agreed statement) and also by test
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6e. that it was not his responsibil
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8Department of Labour. The firm adv
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10that “the buck stopped with me
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12without any knowledge of this and
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14[41] Various other cases, cited i
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16[49] There is nothing wrong with
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182 The foundation of this Act is t
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20(b) the co-operative auditing of
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- 2 -The Honourable Justice Turnbul
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- 2 -concluded that, while the mill
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- 4 -[6] The union’s position is
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- 6 -it must be reasonable; (3) it
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- 8 -the majority relied in part on
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- 10 -Taken with the low testing ra
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- 12 -should depart from those prec
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- 14 -IV.Issues - AnalysisA. Introd
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- 16 -distinguished any analogy bet
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- 18 -industry. The lead case appea
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- 20 -rather than a reactive, appro
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- 22 -employers of the burden of de
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- 24 -Canada, Local 0004, supra. Al
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- 26 -C. Summary Observations on th
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- 28 -hazardous materials to variou
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IN THE COURT OF QUEEN’S BENCH OF
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2assistance and remain employed. Ki
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4a) there is a strong prima facie c
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6discrimination. The letter also st
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8applicable guidelines. He was give
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10Correct Legal Test[15] Killam’s
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12position. However, because of the
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Page: 2FACTS[2] The respondent is a
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Page: 4REASONS OF THE APPLICATION J
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Page: 6trade, certain of such coven
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Page: 8[17] It is convenient to rep
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Page: 10duties for the Company or w
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Page: 12[30] Effectively, because t
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SUPREME COURT OF NOVA SCOTIACitatio
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Page: 341. In every proceeding comm
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Page: 5[8] There is ample case auth
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Page: 7some amount be awarded for p
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NOTE: This document is subject to e
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2011 SCC 20File No.: 32968.2009: De
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allowed the appeal and declared the
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established. There is no concrete e
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Section 5 of the AEPA, correctly in
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pursue, rather than protecting the
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expression under s. 2(b), so too sh
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Nor did invoking Charter values in
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Per Deschamps J.: The holding in He
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from the legislation was unequivoca
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KMart Canada Ltd., [1999] 2 S.C.R.
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By Abella J. (dissenting)Health Ser
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Adams, Roy J. “Prospects for Labo
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International Labour Organisation.
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Gaétan Migneault and Michelle Brun
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TABLE OF CONTENTSParagraphReasons o
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(b) Qualitative Differences Between
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yThe judgment of McLachlin C.J. and
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majority of this Court found a brea
Page 195 and 196: [10] The UFCW also attempted to bar
Page 197 and 198: [14] With respect to the particular
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Page 201 and 202: and to realize common purposes” (
Page 203 and 204: (b) Dunmore[26] This Court’s deci
Page 205 and 206: support discredited the organizing
Page 207 and 208: [34] Dunmore established that claim
Page 209 and 210: [38] The decision in Health Service
Page 211 and 212: [42] The Court in Health Services e
Page 213 and 214: impugned law or state action has th
Page 215 and 216: [51] In our view, the majority deci
Page 217 and 218: Indeed, the fact that Health Servic
Page 219 and 220: [64] Consistent with this framework
Page 221 and 222: must not depart from the context of
Page 223 and 224: ealize common purposes (emphasis ad
Page 225 and 226: LeBel J., written on behalf of a mi
Page 227 and 228: (ix) The Argument on Academic Criti
Page 229 and 230: given a generous and purposive inte
Page 231 and 232: trade unions should negotiate in go
Page 233 and 234: [101] Sections 5(6) and (7) are cri
Page 235 and 236: [107] These considerations lead us
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Page 239 and 240: 3. Does s. 3(b.1) of the Labour Rel
Page 241 and 242: of s. 2(d) employers “must engage
Page 243 and 244: per Dickson C.J. in dissent; R. v.
Page 245: 3. A prior decision that creates un
Page 249 and 250: [140] In the case of Health Service
Page 251 and 252: [145] Third, the constitutionalizat
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Page 255 and 256: constitutionalize collective bargai
Page 257 and 258: [159] In addition, the Court was ag
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Page 261 and 262: . . . the state must not substantia
Page 263 and 264: [173] First, the collective bargain
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Page 269 and 270: (2) Section 2(d) Protects Freedoms
Page 271 and 272: [193] The Chief Justice and LeBel J
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Page 279 and 280: Health Services would in fact be co
Page 281 and 282: [217] In response to this argument,
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Page 287 and 288: can, then we must seriously questio
Page 289 and 290: [235] The labour history offered in
Page 291 and 292: [241] It is true that there is a lo
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Page 295 and 296: The voluntary nature of collective
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equirements it finds to the case be
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exclusivity and a mechanism for res
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takes time before the unworkability
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argain in good faith change these m
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employee, to make a “take it or l
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obligations, and Charter values —
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[279] Nonetheless, the Chief Justic
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[283] It is true, as my colleagues
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They base their view on a statement
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. . . the freedom to work for the e
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case at bar (2008 ONCA 760, 92 O.R.
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[302] As the majority in the instan
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[305] All that was required by the
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ound” by s. 2(d) seems to have be
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to Bargain Collectively: The Implic
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cases in which the vulnerability of
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[323] The AEPA was enacted in 2002
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10-1920; Donald D. Carter et al., L
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Agriculture and Food, the Honourabl
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activities of the “employees’ a
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[346] The reason for the protection
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[351] I acknowledge that different
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May 813, does “not differ in any
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argaining, including exclusivity, b
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accordance with a bargaining regime
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5. (1) The employer shall give an e
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Solicitor for the intervener the At
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CLIENT UPDATELABOUR & EMPLOYMENT LA
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SUPREME COURT OF NOVA SCOTIACitatio
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Page: 3failure to observe, perform
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Page: 5offences under the Immigrati
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Page: 7(5) Interest was payable on
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Page: 910.08 Should there be a disa
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Page: 11that the arbitration in que
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Page: 13[31] In Knox v. Conservativ
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Page: 15The Applicants should not b
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the court refuses to review the arb
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Page: 19(d) the composition of the
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Page: 21[49] The Applicant states t
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Page: 23[55] In addition, the Respo
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Page: 2577.06 (1) Party and party c
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:" .. "Schedule AIN THE MATTER OF A
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., ....3OVERVIEWTheClaimant, Ms. Co
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....5The Companybegan business. Inc
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7Subsequently the Jennifer Allan bu
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9She was then given a letter dated
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· ,111. Ms. Cormier knowingly cont
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13Mr. Nordqvist testified that Ms.
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15Ms. Cormier decided to set up suc
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"17ofthat because of difficulties M
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,.19Ms. Carter was invited to a mee
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. .,'21I am also satisfied that the
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23call from Ms. Cormier that Revenu
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,. ."25There is also evidence that
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· . ,27Ms. Gallant did no scheduli
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. \. .. ~..29Ms. Cormier testified
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. '...31the files relating to some
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. ",.'933Ms. Cormier testified that
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...35environment including any lack
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.'37In the year 2000, there was ano
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..39identified anything that she wa
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" .' .,.\1.·....l -,1'.• ,~.,.".
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