HomeAuthor Archives: Asher Honickman (page 6)

Author Archives: Asher Honickman

Court Confirms Two Years Means Two Years

Mr. Justice Bielby of the Ontario Superior Court of Justice in Guelph has confirmed that the Limitations Act, 2002 means what it says. In Slack v. Bednar, the plaintiff suffered a spinal fracture in a ski accident and required surgery. The accident occurred on March 18, 2006 surgery was performed nine days later on March 27. During the course of ...

Read More »

Supreme Court Alters the Balance of Power Between Labour and Business

On June 27, 2014, the Supreme Court released a decision that will affect every employment relationship across Canada.  In United Food and Commercial Workers, Local 503 v. Wal Mart Canada Corp., a 5-2 majority of the Court held that an employer – in this case Wal-Mart – is prohibited from permanently shutting down its business during the collective bargaining process, unless it ...

Read More »

The Living Fiction: Reclaiming Originalism for Canada

This Article was published in the Autumn 2014 edition of the Advocates’ Quarterly1   Eighty-five years ago this October, the Judicial Committee of the Privy Council handed down its decision in Edwards v. Attorney-General for Canada, in which it held that “The British North America Act planted in Canada a living tree capable of growth and expansion within its natural ...

Read More »

How to Reform the Senate Without a Constitutional Amendment

(This article originally appeared in The Huffington Post Canada) The Supreme Court of Canada’s recent decision in Reference Re Senate Reform has irked a great many Canadians who had hoped that our highest court would bless democratic reform in the Red Chamber. On virtually every question before it — from term limits to democratizing the selection process — the Supreme ...

Read More »