Generally, reinstatement is not a remedy available at common law. However, this remedy may be available as per statute or collective bargaining agreement. For obvious reasons, reinstatement is not a popular remedy: it would create tension and awkwardness in the workplace.
Outlining the Costs of Speeding
Speeding is a leading cause of motor vehicle accidents. Drivers typically speed because they believe they will arrive at their destination quicker. A common misconception that many drivers have is that driving 10 km/h over the posted speed limit is low risk and will cut down on their commute time. Anecdotal evidence also suggests that law enforcement officers will not pull you over if you are speeding between 5 to 9 km/h over the posted speed limit. In reality, if you are driving even 1 km/h over the posted speed limit and a police officer with a speed gun clocks you, they are well within their rights to issue you a speeding ticket. However likely or unlikely this is to happen in real life is debatable, and not the subject of this article.
Appropriate speed limits are determined by taking into account a variety of factors, including road design, volume of traffic, as well as the likelihood of encountering pedestrians in the area. Speed limits are set for ideal road conditions, so if the roads are wet or icy and visibility is poor, the posted speed limit will be too fast. These are not arbitrarily imposed limits and they are enforced for public safety. By following the posted speed limit, you decrease your odds of being involved in a motor vehicle collision and potentially injuring yourself and another person.
Will I Save Time on My Daily Commute?
Continue reading Outlining the Costs of Speeding
Two main approaches to international law: positivism and naturalism
Historically, there are two main approaches to international law:
– Natural law, which can be thought of as the idea that power of law does not come from voice of authority. In contrast positivisim says the authority is what makes the law the law. Natural law says there is a higher reason why the law is the law (e.g morality, universal principles, religious, etc.). Under natural law, horrific immoral laws would not be valid even if they came from a legitimate authority.
The application of these approaches goes back 2000 years. Natural law finds its origins in ancient Rome and Cicero the philosopher. Thomas Aquinas examined source of the aw’s legitimacy; according to him natural law is God’s natural law.
A modern definition explores how natural law is universally applicable with rules derived from reason; a doctrine that human affairs should be governed by ethical principles understood by reason.
Continue reading Two main approaches to international law: positivism and naturalism
Condos or Townhome vs Single Family House
For the most, a house will be the single greatest purchase of their lifetime. This is particularly true in large cities where real-estate prices are much higher than rural areas. There is a significant amount of research, a well defined process, and necessary expertise to close real-estate transactions. But are there differences between single family home and townhouse / condo transactions?
Yes there is, and it’s more than just preference, but let’s start there.
Protect Yourself – Hire and an Injury Lawyer When Injured in an Accident
When you’re involved in a car accident, or really any incident where you’ve been injured, it’s important to protect yourself.
You may find yourself faced off against another’s insurance company. You may also think that your insurance company is on your side. That’s partially not true. The insurance companies see you as profit–as a number. That means they may not always be looking out for your best interests 100% of the time. That’s why it’s prudent to hire an attorney who has the responsibility of thinking about you over the bottom line of the insurance companies. Continue reading Protect Yourself – Hire and an Injury Lawyer When Injured in an Accident
Pay Attention to the Fine Print – Chattels
Have you heard of horror stories that upon purchase of a new home, a couple may encounter that there are no appliances. Not just a microwave or toaster oven, but the fridge, range, washer and dryer, all gone?
It happens all the time.
You have to declare in the sale what items are included with the purchase, they are called chattels.
On the Hook for Debts of an Estate?
When someone leaves you some cash, land, a turtle, behind in their will, who is on the hook for any outstanding debts?
It goes without saying, nowadays there are fewer and fewer people retiring with a mound of cash. Some of our elderly folks need to work well into their seventies, and even then they’ll end up racking up debt to stay afloat.
In a will a Executor is appointed over the estate to divvy everything up. But what happens when you have more debts than assets? Continue reading On the Hook for Debts of an Estate?
General vs. Specific Practices
There’s a lot to be said about specific law practices. In fact, there are few ‘general’ practices. Unlike the trades, lawyers typically aren’t ‘Jack of all Trades’. One guy doesn’t specialize in all forms of law. Certainly, there is a general knowledge of other areas, but specialization is very real and something you should pay attention to when selecting an attorney. just going with someone’s cousin Guido doesn’t mean you’re a shoe in for success.
Confidential Employees – Collective Bargaining
Confidential employees are excluded from collective bargaining because they might be able to give the union access to matters that the employers do not wish them to know about such as bargaing strategy, grievances, etc. (Canadian Union of Bank Employees v. Nova Scotia). That being said, confidential employees will only be excluded if there is a demonstrated conflict of interest (see test).
Managers and Collective Bargaining
Managers are usually excluded from collective bargaining as it is a fundamental premise of labour law that there is a conflict of interest between management and workers (Children’s Aid Society). The most important factors in determining if an individual is a manager are: the power to discipline, the power to hire, promote, demote, and grant wage increases (Children’s Aid). In addition we look to see the discretion exercised by these individuals (Quebec Telephone), being sure to distinguish whether the discretion exercised is “real” discretion, or just implementation of a rubric or policy manual.