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One Law for All?

Weber v Ontario Hydro and Canadian Labour Law, Essays in Memory of Bernie Adell

These essays arise from a symposium in honour of the late Professor Bernard Adell, hosted by the Centre for Law in the Contemporary Workplace at Queen’s University. The symposium marked the twentieth anniversary of Weber v Ontario Hydro, a Supreme Court of Canada decision that radically challenged orthodox understandings of the role of arbitration in Canadian labour law. The authors provide a thought-provoking range of ideas and insights into the labour law problems posed by Weber, invoking themes that reflect Bernie Adell’s lifelong interest in the intersection of theoretical and practical labour law, and in the institutions that shape and enforce that law in Canadian workplaces.

Contributors

Elizabeth Shilton

Elizabeth Shilton is a Senior Fellow with the Centre for Law in the Contemporary Workplace at Queen’s, and a McMurtry Visiting Clinical Fellow at Osgoode Hall Law School. She holds a doctorate in law from the University of Toronto, as well as law degrees from Dalhousie (Schulich) and Harvard. She was a founding partner of Cavalluzzo Shilton McIntyre & Cornish LLP, a Toronto-based law firm specializing in union-side labour law. She has taught labour, employment, collective bargaining law and workplace human rights law as an adjunct professor at the University of Toronto, Osgoode Hall (York University) and Queen’s University, and has been a Visiting Scholar at Osgoode’s Institute for Feminist Legal Studies. She also sat for a number of years as a member and Vice-Chair of Ontario’s Financial Services Tribunal/Commission. Her current research focuses on gender and work, pension reform and workplace dispute resolution. Her most recent book is Empty Promises: Why Workplace Pension Law Doesn’t Deliver Pensions (McGill-Queen’s University Press, 2016).

Karen Schucher

Karen Schucher is a Professor at Humber College, where she teaches in the Paralegal Degree and Diploma programmes. She holds a PhD from Osgoode Hall Law School, authoring a dissertation which focuses on the history of human rights code enforcement in Ontario. Prior to entering academic life, she was a partner in the Toronto law firm of Cavalluzzo Shilton McIntyre & Cornish LLP, where she practiced labour and human rights law and headed up the firm’s research group. Karen has published widely in areas related to workplace human rights and labour arbitration in a variety of scholarly journals, including the Supreme Court Law Review.

Chapter Title Abstract Contributors Pages Year Price

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The editors review the career of professor Adell and the significance of Weber v Ontario, and preview the essays in the volume. ; 15 $1.50

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Review of the effect of the Weber case and decisions over the next 20 years on the issues of multiplicity of proceedings in the adjudication of workplace-related rights. 62 $6.20

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Challenge to the view that Weber requires arbitrators to enforce the common law, and argument in favour of the view that Weber attempted to restore arbitration to its original role as the … 38 $3.80

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Analysis of the case of New Brunswick v O’Leary to argue that Weber stands for a sound legal proposition that the work contract, whether individual or collective, speaks to and alters the … 16 $1.60

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Argument that in the context of the benefits of collective bargaining, Weber has not resulted in a denial of access to justice. 34 $3.40

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Argument that Weber’s impact on the jurisdiction of statutory tribunals has been comparatively minor because such tribunals have been less likely than courts to decline jurisdiction on the … 26 $2.60

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Presentation of results from a comprehensive statistical study attempting to analyse quantitatively the impacts on efficiency and delay in arbitration of the subjects added to arbitral … ; ; 28 $2.80

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Proposal for a research agenda for properly evaluating the changing nature of unions’ human rights representational obligations since Weber. 26 $2.60

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Examination of Quebec’s unique approaches to the relationship between collective agreements and statutory law, and the identification of the appropriate forum to adjudicate human rights … 46 $4.60

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Analysis of the American litigation model of enforcement through the courts of statutory claims for labour standards and anti-discrimination claims. 26 $2.60