On Feb. 13, 2024, Canada’s Federal Court released its decision in Hameed v. Canada, 2024 FC 242, in which it described the current number of judicial vacancies in our courts as a “crisis” and a “critical situation.”

This decision is important for HR professionals and employers because it signals a shift in our current legal system – where once employers could leverage the sloth-like speed of the justice system as a deterrent to potential employee litigants, the Hameed decision may force a change.

I anticipate that judicial appointments will start coming in rapid succession – I use the term “rapid” loosely when describing our legal system – which will create more capacity for the courts and, as a result, incentivize employees to engage in the justice system to resolve employment disputes.

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