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Sobeys Stores Ltd. V. Yeomans
''Sobeys Stores v. Yeomans and Labour Standards Tribunal (NS)'' 9891 S.C.R. 238 is a leading Supreme Court of Canada case on determining if a tribunal has the authority to hear a dispute, and more generally, the interpretation of section 96 of the Constitution Act, 1867. Background Sobeys, a Nova Scotia grocery chain, dismissed Yeomans, an employee of ten years. Yeomans made a complaint to the Director of Labour Standards of Nova Scotia for dismissal without just cause under the s. 67 of the Labour Standards Code. The Director held that Yeoman's claim was valid and ordered Sobeys to reinstate him. This was affirmed by the Labour Standards Tribunal. Sobeys appealed the ruling to the Nova Scotia Court of Appeal on the basis that the tribunal did not have the constitutional authority to hear the case. Namely, that the tribunal was encroaching on the exclusive jurisdiction of the Superior courts, granted by section 96 of the Constitution Act, 1867. The Nova Scotia Court of Appeal found ...
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Supreme Court Of Canada
The Supreme Court of Canada (SCC; french: Cour suprême du Canada, CSC) is the Supreme court, highest court in the Court system of Canada, judicial system of Canada. It comprises List of Justices of the Supreme Court of Canada, nine justices, whose decisions are the ultimate application of Canadian law, and grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal Appeal, appellate courts. The Supreme Court is bijural, hearing cases from two major legal traditions (common law and Civil law (legal system), civil law) and bilingual, hearing cases in both Official bilingualism in Canada, official languages of Canada (English language, English and French language, French). The effects of any judicial decision on the common law, on the interpretation of statutes, or on any other application of law, can, in effect, be nullified by legislation, unless the particular decision of the court in question involves applicatio ...
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Supreme Court Of Canada Cases
The Supreme Court of Canada is the court of last resort and final appeal in Canada. Cases that are successfully appealed to the Court are generally of national importance. Once a case is decided the Court will publish written reasons for the decision that consist of one or more reasons from any number of the nine justices. Understanding the background of the cases, their reasons and the authorship can be important and insightful as each judge may have varying beliefs in legal theory and understanding. List of cases by Court era * List of Supreme Court of Canada cases (Richards Court through Fauteux Court): This list includes cases from the formation of the Court on April 8, 1875, through to the retirement of Gérald Fauteux on December 23, 1973. * List of Supreme Court of Canada cases (Laskin Court): This list includes cases from the rise of Bora Laskin through to his death on March 26, 1984. * List of Supreme Court of Canada cases (Dickson Court): This list includes cases from t ...
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Jurisdiction
Jurisdiction (from Latin 'law' + 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, areas of jurisdiction apply to local, state, and federal levels. Jurisdiction draws its substance from international law, conflict of laws, constitutional law, and the powers of the executive and legislative branches of government to allocate resources to best serve the needs of society. International dimension Generally, international laws and treaties provide agreements which nations agree to be bound to. Such agreements are not always established or maintained. The exercise of extraterritorial jurisdiction by three principles outlined in the UN charter. These are equality of states, territorial sovereignty and non-intervention. This raises the question of when can many states prescribe or enforce jurisdiction. The ''Lotus'' case establishes two key rules to the prescription and enforcement of jurisdi ...
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Canadian Tribunals
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and e ...
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Labour Relations In Nova Scotia
Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour movement, consisting principally of labour unions ** The Labour Party (UK) Literature * ''Labor'' (journal), an American quarterly on the history of the labor movement * ''Labour/Le Travail'', an academic journal focusing on the Canadian labour movement * ''Labor'' (Tolstoy book) or ''The Triumph of the Farmer or Industry and Parasitism'' (1888) Places * La Labor, Honduras * Labor, Koper, Slovenia Other uses * ''Labor'' (album), a 2013 album by MEN * Labor (area), a Spanish customary unit * "Labor", an episode of TV series '' Superstore'' * Labour (constituency), a functional constituency in Hong Kong elections * Labors, fictional robots in ''Patlabor'' People with the surname * Earle Labor (born 1928), professor of American lite ...
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1989 In Canadian Case Law
File:1989 Events Collage.png, From left, clockwise: The Cypress Street Viaduct, Cypress structure collapses as a result of the 1989 Loma Prieta earthquake, killing motorists below; The proposal document for the World Wide Web is submitted; The Exxon Valdez oil tanker runs aground in Prince William Sound, Alaska, causing a large Exxon Valdez oil spill, oil spill; The Fall of the Berlin Wall begins the downfall of Communism in Eastern Europe, and heralds German reunification; The United States United States invasion of Panama, invades Panama to depose Manuel Noriega; The Singing Revolution led to the independence of the Baltic states of Estonia, Latvia, and Lithuania from the Soviet Union; The stands of Hillsborough Stadium in Sheffield, Yorkshire, where the Hillsborough disaster occurred; 1989 Tiananmen Square protests and massacre, Students demonstrate in Tiananmen Square, Beijing; many are killed by forces of the Chinese Communist Party., 300x300px, thumb rect 0 0 200 200 1989 Loma ...
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Canadian Labour Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Labour Relations In Canada
Labour or labor may refer to: * Childbirth, the delivery of a baby * Labour (human activity), or work ** Manual labour, physical work ** Wage labour, a socioeconomic relationship between a worker and an employer ** Organized labour and the labour movement, consisting principally of labour unions ** The Labour Party (UK) Literature * ''Labor'' (journal), an American quarterly on the history of the labor movement * ''Labour/Le Travail'', an academic journal focusing on the Canadian labour movement * ''Labor'' (Tolstoy book) or ''The Triumph of the Farmer or Industry and Parasitism'' (1888) Places * La Labor, Honduras * Labor, Koper, Slovenia Other uses * ''Labor'' (album), a 2013 album by MEN * Labor (area), a Spanish customary unit * "Labor", an episode of TV series '' Superstore'' * Labour (constituency), a functional constituency in Hong Kong elections * Labors, fictional robots in ''Patlabor'' People with the surname * Earle Labor (born 1928), professor of American liter ...
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Canadian Constitutional Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Tribunal
A tribunal, generally, is any person or institution with authority to judge, adjudicate on, or determine claims or disputes—whether or not it is called a tribunal in its title. For example, an advocate who appears before a court with a single judge could describe that judge as "their tribunal." Many governmental bodies that are titled as "tribunals" are described so in order to emphasize that they are not courts of normal jurisdiction. For example, the International Criminal Tribunal for Rwanda was a body specially constituted under international law; in Great Britain, employment tribunals are bodies set up to hear specific employment disputes. In many (but not all) cases, the word ''tribunal'' implies a judicial (or quasi-judicial) body with a lesser degree of formality than a court, in which the normal rules of evidence and procedure may not apply, and whose presiding officers are frequently neither judges, nor magistrates. Private judicial bodies are also often styled "trib ...
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Canadian Administrative Case Law
Canadians (french: Canadiens) are people identified with the country of Canada. This connection may be residential, legal, historical or cultural. For most Canadians, many (or all) of these connections exist and are collectively the source of their being ''Canadian''. Canada is a multilingual and multicultural society home to people of groups of many different ethnic, religious, and national origins, with the majority of the population made up of Old World immigrants and their descendants. Following the initial period of French and then the much larger British colonization, different waves (or peaks) of immigration and settlement of non-indigenous peoples took place over the course of nearly two centuries and continue today. Elements of Indigenous, French, British, and more recent immigrant customs, languages, and religions have combined to form the culture of Canada, and thus a Canadian identity. Canada has also been strongly influenced by its linguistic, geographic, and ec ...
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Re Residential Tenancies Act, 1979
''Reference Re Residential Tenancies Act (Ontario)'', 9811 S.C.R. 714 is a leading Supreme Court of Canada decision on the jurisdiction of superior courts provided by section 96 of the ''Constitution Act, 1867''. The Court formulated a three-step test for determining whether an administrative body was encroaching upon the jurisdiction of the superior courts. Test formulated by Court Justice Dickson, writing for the majority, suggested the test. # Firstly, it must be determined "whether the power or jurisdiction conforms to the power or jurisdiction exercised by superior, district or county courts at the time of Confederation." # Secondly, the test asks "whether the function itself is different when viewed in that setting. In particular, can the function still be considered to be a 'judicial' function." # Thirdly, the test asks the court to "review the tribunal's function as a whole in order to appraise the impugned function in its entire institutional context."p. 735 In this cas ...
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