Gillian Hnatiw's Archive

‘Victim-blaming couched as legitimate judicial inquiry’

Like a watermelon dropped from a balcony, discussions of sexual violence against women have broken open in dramatic fashion since the allegations against Jian Ghomeshi became public… Read Canadian Lawyer Article...Read More

Should Jian Ghomeshi’s alleged victims sue him for sexual assault?

After car accidents or botched medical procedures, most people know that, in addition to lodging a complaint with police, they can file a lawsuit to ease their suffering. Indeed, the courts are full of injured people suing reckless drivers and negligent doctors… Read Precedent Magazine Article...Read More

How will Fulawka affect overtime cases?

“It’s one thing how an employer labels a group of employees and it’s another what their duties and responsibilities actually consist of”, says Gillian Hnatiw, a partner at Lerners LLP. How-will-Fulawka-affect-overtime-cases...Read More

Supreme Court of Canada upholds mandatory retirement for partnerships

A Supreme Court of Canada decision on Thursday reinforces the right of big law firms and other partnerships to force out senior partners at age 65, a practice many Canadian businesses rely on to make room for new blood at the top. Justice’s Abella’s test is an important development for human rights and employment lawyers, […]...Read More

Supreme Court rules against lawyer who wouldn’t retire at 65

After working for 40 years at Fasken Martineau DuMoulin LLP, Vancouver lawyer John Michael (Mitch) McCormick refused to retire quietly when he hit 65, alleging that his firm’s mandatory retirement policy for partners was age discrimination. But on Thursday, the Supreme Court of Canada put an end to his legal battle, ruling that law firms […]...Read More

‘Sabotage’ conviction is upheld at Supreme Court of Canada

Lawyers say the Supreme Court has opened the door to novel civil suits for fraudulently-induced pregnancies after a groundbreaking criminal law decision that defines what “consent” means in sexual assault cases involving deception. At the Supreme Court, the judges agreed, albeit for differing reasons, that Hutchinson’s “condom sabotage” amounted to sexual assault – a holding […]...Read More

The case for ladies only

In their book Breaking Through: Tales from the Top Canadian Women General Counsel, Kirby Chown and Carrie Mandel interviewed 32 women general counsel, but one interview really illustrated the view of the current generation of female lawyers. One young woman questioned if there is still a need for groups that specifically champion the cause of […]...Read More

New case shows challenge of litigating prison assaults

In a recent interview with Law Times, Gillian Hnatiw discusses how the recent case, Melvin v. Ontario, provides an important lesson for lawyers who have considered taking on a case against the Crown. This case demonstrates the challenges that lawyers face in proving liability for inmate incidents, and more specifically, the challenges involved in litigating a […]...Read More

Lerners’ Lawyer Succeeds at Trial in Historic Abuse Case against Victims’ Uncle

Milne v. Betts, 2012 ONSC 5565 Over 40 years ago, C.M. and T.D. were sexually abused by their uncle, E.B when they visited their grandparents’ home where he lived. When C.M. was 6 years old, E.B. began trying to gain her trust with special treatment, using shared activities as opportunities to assault her. E.B.’s assaults […]...Read More

Sexual Assault Case Testimonial- “I met Elizabeth Grace and Gillian Hnatiw in person….they epitomized the best of professionalism, efficiency, as well as appropriate personal sensitivity”

Client testimonial from a woman who experienced violent sexual assault in her home....Read More

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