Comment on the Proposition de Fuoco decision – The criteria for a provable claim and the debt resulting from the legal warranty of quality

August 18, 2023

The authors comment on a recent decision of the Court of Appeal at the interlocutory stage of a matter involving bankruptcy and contractual obligations. The Court had to determine if a claim resulting from an action for latent defects is a provable claim within the meaning of the Bankruptcy and Insolvency Act. In doing so, the Court analyzed sections 121 and 135 of the BIA and the case law in this regard.

Teachers’ right to privacy: a decision of interest is expected from the Supreme Court of Canada

August 18, 2023

On June 21, 2022, the Court of Appeal for Ontario rendered a decision concerning the extent of employees’ reasonable expectation of privacy in the workplace. The Court of Appeal decided inter alia that the protection against unreasonable search or seizure under section 8 of the Canadian Charter of Rights and Freedoms applies to employees of a public education institution. The Court also found that employees could have a reasonable expectation of privacy in respect of a communication that did not contain personal or intimate information directly concerning them, but information concerning their opinion of others. In March of this year, the Supreme Court of Canada granted leave to appeal this decision. The forthcoming judgment will definitely have an effect on how much leeway employers have to access their employees’ communications in connection with a workplace investigation.

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