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www.lawtimesnews.com 23 Canadian Employment Law Stacey Reginald Ball More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. Canadian Employment Law has been cited by the Supreme Court of Canada, in superior courts in every province in Canada, and is used in law schools throughout Canada. The eBook* version is available through your web browser, or can be downloaded to your computer, tablet, or smartphone. Learn more at store.thomsonreuters.ca/ proview. *eBook not available to trade bookstores, third-party distributors, and academic institutions. Available risk-free for 30 days Order online: store.thomsonreuters.ca Call Toll-Free: 1-800-387-5164 In Toronto: 416-609-3800 Also available online on WestlawNext® Canada EmploymentSource™ © 2018 Thomson Reuters Canada Limited 00255NF-A95033-CM Print+ProView eBook* Order # L95983-65203 $537 2 volume looseleaf supplemented book Anticipated upkeep cost – $480 per supplement 4-6 supplements per year Supplements invoiced separately ProView eBook* only Order # L95984-65203 $505 Shipping and handling are extra. Price(s) subject to change without notice and subject to applicable taxes. take us eight to 10 years to get in front of a judge with authority to make some decisions on the merits." The LCO's feedback also indicated Ontario's carriage determination system was "inefficient and unpredictable," said the report. The LCO suggested creating "a dedicated pro- cess and timetable" for carriage determination. The effectiveness of class actions in deliv- ering justice in a timely, inexpensive man- ner is also hampered by borders. Stakeholders told the LCO that multi-jurisdictional class actions "raise extraordinary challenges" and the act does not adequately instruct how to handle overlapping claims. Harmonization is needed, and the LCO calls on all levels of gov- ernment to establish a national protocol and uniform rules, according to the report. "Certification is the most controversial and partisan class-action issue," states the report. Seventy three per cent of contested certifi- cation motions are successful, according to the LCO's estimate. Although those on the other side thought that percentage shows plaintiffs are being favoured, the LCO looked at proced- ure and fairness and alternatives to the current certification test and concluded that no "major reforms to the statutory or evidential test" were warranted. The LCO would, however, "encourage" the courts to apply the s. 5 certification test "more rigorously" and to "support/endorse pre- certification summary judgment motions or motions to strike if such a motion will dispose of the action, or narrow issues to be deter- mined or evidence to be filed at certification," states the report. The LCO heard from its consultation that the settlement approval process needs improvement and recommended amend- ing the act to include requirements such as a "full and frank" disclosure, giving the courts authority to appoint amicus curiae, as well as adding other provisions concerning settlement distribution. "The biggest problem in litigation, both personal injury and class action, is delay." Darcy Merkur, Thomson Rogers Lawyers 82 Scollard Street, Toronto, Canada, M5R 1G2 Contact Stacey Ball at (416) 921-7997 ext. 225 or srball@82scollard.com web: www.staceyball.com Ball Professional Corporation Excellence in Employment & Labour Law • Counsel in Leading Cases • • Author of Leading Treatise • Wrongful Dismissal Employment Law Human Rights Post Employment Competition Civil Litigation Appellate Advocacy Disability Referrals on behalf of employees and employers respected all_CL_Mar_12.indd 1 12-03-13 2:27 PM