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Adrian last won the day on August 12 2016

Adrian had the most liked content!

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About Adrian

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  1. Trinity Western Loses 7-2

    I am not saying it's a moral victory rather than its confirmation that I am not a complete dunce.
  2. Trinity Western Loses 7-2

    I don't want to debate the result, since that happened a lot, I just want to say that I feel vindicated that at least two justices saw things the way I saw them since I know it wasn't the popular viewpoint.
  3. Trinity Western Loses 7-2

    Yep, the Law Society Act was amended by the budget bill.
  4. York Strike Problem

    As discussed in another thread, to not do so would be illegal.
  5. Concerned Law Student

    As for that case, as I read it, it was employees in a legal strike position who were crossing the picket line. It would be as if CUPE 3903 members decided to return to work in the middle of the strike (which is their right). So, it doesn't speak to the issue of unionized or non-unionized employees who are not part of the striking union refusing to cross the picket line.
  6. Concerned Law Student

    If I understand police procedure, they will only intervene when there is a court injunction. Getting an injunction takes time (I think anyone who was an articling student or junior associate at a management side labour firm has stories about being on strike injunction teams), and so unions will generally get at least a day to do what they want relatively unimpeded. As for Epeeist's point, generally the request to refuse to cross picket lines comes from union leadership, meaning that even if it is individual decision making there is a concerted action behind it. I don't recall the case law much anymore because I haven't dealt with strikes in years.
  7. Concerned Law Student

    Sorry my point was towards your point about equating the services of transit workers to legal aid lawyers. The City of Toronto recognized the essential services that transit worker supplied and therefore worked with the province to restrict their right to strike. Edit: Well, really it was in a misguided belief that lacking the right to strike would mean lower wage increases which represents a fundamental miscalculation about interest arbitration.
  8. Concerned Law Student

    I note that the TTC can no longer strike.
  9. Concerned Law Student

    The Labour Relations Act prohibits strikes and lockouts while a collective agreement is in effect (this is a the classic labour trade off, strikes are only for the negotiation of collective agreement and not the settling of disputes about the collective agreement). Refusing to come to work because there is a picket line is a form of strike . As such, if you are a unionized employee whose collective agreement is still in effect you are precluded from refusing to cross the picket line.
  10. York Strike Problem

    I note that the teachers and OPSEU have collective agreements that essentially take them past this four year term. The only major bargaining that deals with directly funded provincial organizations that will occur is with hospital nurses and hospital workers like cleaners and clerks. And maybe LCBO but I doubt that costs very much in the grand scheme of things.
  11. 3L at Osgoode with no articling - Advice?

    An MoL determination that an individual is actually an employee wouldn't help fund the province through source deductions, as no source deductions flow from that determination. The WSIB on the other hand...
  12. 3L at Osgoode with no articling - Advice?

    You could always look at the Changing Workplaces Review discussion of exemptions under the ESA. Its not specific to lawyers, but provides some discussion about the exemptions broadly, how they came to be, and whether they still make sense. https://www.ontario.ca/document/changing-workplaces-review-final-report/chapter-6-sectoral-regulation-and-exemptions
  13. Leaving law - other options

    They have completely changed the hiring system since she was hired which makes it harder for new teachers to get permanent positions.
  14. Leaving law - other options

    How long ago are we talking about?
  15. Leaving law - other options

    I think I posted in the other thread but I went from labour law to labour relations. I had a lot of the same feelings about leaving law that you ha e written here but I have pretty much gotten over them fully. It probably helps to have a law adjacent career though.