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Toronto (City) Board Of Education V Ontario Secondary School Teachers' Federation, District 15
''Toronto (City) Board of Education v Ontario Secondary School Teachers' Federation, District 15'', 9971 S.C.R. 487 is a leading decision of the Supreme Court of Canada on judicial review of administrative decisions. The Court held that the review of a just cause dismissal was patently unreasonable on the basis that the decision had no evidentiary basis. Background Jagdish Bhadauria, a secondary school teacher, had made 39 applications for a position of vice-principal. He was granted several interviews but never hired. He filed a complaint to the human rights commission for discrimination. His claim of systemic discrimination was not made out and his claim was rejected. During and immediately following the adjudication of Bhadauria's complaint, he wrote three letters to members of the senior administration of his employer board of education comparing the actions of select administrators to those of Adolf Hitler, Idi Amin, Augusto Pinochet, and others. Bhadauria was subjected to ...
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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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Canadian Administrative Law
Canadian administrative law is the body of law that addresses the actions and operations of governments and governmental agencies in Canada. That is, the law concerns the manner in which courts can review the decisions of administrative decision makers such as a board, tribunal, commission, agency, or Crown minister, while exercising ministerial discretion. Administrative law is concerned primarily with the legality of administrative decision making and with issues of procedural fairness (rights for those affected by the decision to participate in the decision making process). Administrative law concerns the interpretation of statutes and rules of government operations. Courts, when applying administrative law, look to ensure that administrative or governmental actors and bodies observe and act within the legal limits on their authority. Sources of law The powers of an administrative decision-maker ("ADM") are primarily created by statute, which is known as the "enabling sta ...
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Just Cause (employment Law)
Just cause is a common standard in employment law, as a form of job security. When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason. A person terminated for just cause is not entitled to notice or severance and is generally ineligible for unemployment benefits. Labor union contracts (United States) The standard of just cause provides important protections against arbitrary or unfair termination and other forms of inappropriate workplace discipline. Just cause has become a common standard in labor arbitration, and is included in labor union contracts as a form of job security. Typically, an employer must prove just cause before an arbitrator in order to sustain an employee's termination, suspension, or other discipline. Usually, the employer has the burden of proof in discharge cases or if the employee is in the wrong. In the workplace, just cause is a burden of proof or standard that an employer must mee ...
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Jag Bhaduria
Jagdish Singh (Jag) Bhaduria (also variously spelled Badauria or Bhadauria) (born January 23, 1940 in New Delhi, India) is an Indian-Canadian teacher. He served as the Member of Parliament for the Ontario riding of Markham—Whitchurch-Stouffville in the 35th Parliament of Canada, from 1993 to 1997. Bhaduria was nominated as the Liberal candidate in the riding of Markham and contested the 1988 federal election, placing a distant second to Progressive Conservative incumbent Bill Attewell. In the 1993 election their fortunes reversed, with Bhaduria defeating Attewell by a nearly two to one margin. In early 1994 a series of controversies emerged, including that he had falsified his educational credentials by using postnominal letters which appeared to indicate he held a law degree, and that he had written threatening letters to his school board after being turned down for promotions. He denied that he lied about his education and apologized for the letters, however the controve ...
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Privative Clause
An ouster clause or privative clause is, in countries with common law legal systems, a clause or provision included in a piece of legislation by a legislative body to exclude judicial review of acts and decisions of the executive by stripping the courts of their supervisory judicial function. According to the doctrine of the separation of powers, one of the important functions of the judiciary is to keep the executive in check by ensuring that its acts comply with the law, including, where applicable, the constitution. Ouster clauses prevent courts from carrying out this function, but may be justified on the ground that they preserve the powers of the executive and promote the finality of its acts and decisions. Ouster clauses may be divided into two species – total ouster clauses and partial ouster clauses. In the United Kingdom, the effectiveness of total ouster clauses is fairly limited. In the case of '' Anisminic Ltd. v. Foreign Compensation Committee'' (1968), the H ...
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List Of 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 ...
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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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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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1997 In Canadian Case Law
File:1997 Events Collage.png, From left, clockwise: The movie set of ''Titanic'', the highest-grossing movie in history at the time; ''Harry Potter and the Philosopher's Stone'', is published; Comet Hale-Bopp passes by Earth and becomes one of the most observed comets of the 20th century; Golden Bauhinia Square, where sovereignty of Hong Kong is handed over from the United Kingdom to the People's Republic of China; the 1997 Central European flood kills 114 people in the Czech Republic, Poland, and Germany; Korean Air Flight 801 crashes during heavy rain on Guam, killing 229; Mars Pathfinder and Sojourner land on Mars; flowers left outside Kensington Palace following the death of Diana, Princess of Wales, in a car crash in Paris., 300x300px, thumb rect 0 0 200 200 Titanic (1997 film) rect 200 0 400 200 Harry Potter rect 400 0 600 200 Comet Hale-Bopp rect 0 200 300 400 Death of Diana, Princess of Wales rect 300 200 600 400 Handover of Hong Kong rect 0 400 200 600 Mars Pathfind ...
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