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Defamation suit surrounding BC’s foreign buyer tax is dismissed
Monday, January 25, 2021Stephen A. ThieleLitigationTorts, Defences, Defamation, Political Law
The law of defamation is fascinating because the fact scenarios of each case are unique. Where matters of public interest are involved, people are prone to express opinions about the...
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Subway’s $210 million chicken content defamation claim against the CBC restored by Court of Appeal
Monday, January 25, 2021James R.G. CookLitigationDefamation, Anti-SLAPP Legislation, Subway, CBC, Chicken
The Ontario Court of Appeal has restored Subway’s defamation action against the CBC which was dismissed in 2019 pursuant to Ontario’s...
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Plaintiffs who started debate on matters of public interest have defamation claim dismissed
Wednesday, January 20, 2021Stephen A. ThieleLitigationDefamation, Defences
Vigorous and passionate debate over matters of public interest are the lifeblood of democracy because it is often...
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Notoriously Bad Movie leads to Unprecedented Order for Security for Costs of Trial Judgment
Monday, January 18, 2021James R.G. CookLitigationCopyright, Ontario Court of Appeal , Rules of Civil Procedure, Documentary Film-makers, Copyright Act
For perhaps the first time, the Ontario Court of Appeal has ordered an unsuccessful litigant to post security for costs of a trial judgment before being allowed to proceed with...
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Home Owners Ordered to Remove Pool built over Municipal Easement
Friday, January 15, 2021James R.G. Cook, Jonathan James NehmetallahLitigation, Real EstateMunicipal Act, Easement
Home buyers would do well to ensure that their local municipal by-laws and easements do not prohibit their development plans before they embark...
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President of Queen’s Privy Council for Canada to be an “adverse witness” in potato farmer’s case
Friday, January 15, 2021Stephen A. ThieleLitigationEvidence, Political Law, Witnesses, Adverse Witness
The examination of witnesses at a trial is governed by certain basic rules. For a witness who is being questioned by the side for which that person is a...
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Employer Breached Employee’s Right to Privacy by Reviewing Private Messages sent from Work Laptop
Thursday, January 14, 2021James R.G. CookLitigationArbitration, Canadian Charter of Rights and Freedoms, Canadian Human Rights Act, Canadian Media Guild
Employees frequently use laptop computers provided to them by their employer for personal matters as well as employment-related tasks. To what extent can an employer review private messages...
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Ontario’s New Stay Home Order Effective January 14, 2021
Wednesday, January 13, 2021Soma Ray-EllisLitigation, Employment LawCOVID-19, Ontario, Child Care and Early Years Act, Emergency Management and Civil Protection Act
The Ontario government, in consultation with the Chief Medical Officer of Health and other health experts, has responded to the unsettling levels of mobility in the province and has declared a second provincial emergency under...
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Former Agriculture Minister Not Required to Testify
Friday, January 8, 2021Stephen A. ThieleLitigationCivil Litigation, Evidence, Witnesses, Political Law, Interprovincial Summonses Act
Despite courts moving to electronic hearings whereby theoretically a witness could appear virtually from anywhere...
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Freelance Consultants Not Bound by Non-Competition Agreement
Friday, January 8, 2021James R.G. CookLitigation, Employment LawCivil Procedure, Trial Procedure, Non-Compete, Contract Law
Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...
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Recent Treatment of Letters of Request from U.S. Courts by the Ontario Court of Appeal
Monday, January 4, 2021Stephen A. Thiele, James R.G. CookLitigationLetters of Request, Ontario Evidence Act, Ontario Court of Appeal
As a result of the highly integrated economies and efficient cross-border movement between Canada and the United States (at least prior to the 2020 pandemic), the courts in each country frequently seek each other’s...
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Court Prohibits Competing Restaurant Business from Opening
Wednesday, December 30, 2020James R.G. CookLitigationNon-Compete, Restaurant, Interlocutory Injunction , Ottawa, Shareholders’ Agreement
Many will be grateful to see 2020 in the rearview mirror, none more so than restaurant owners. With restaurants scrambling to re-focus on take-out service, perhaps the last thing...
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Housing construction project turned sour results in personal liability and dismissal of defamation claim
Monday, December 28, 2020Stephen A. ThieleLitigation, Real EstateAlberta, Fraud, Dream Home, Construction , Kickbacks
Although building a house can take much planning and hard work in securing a developer, labour and material, it is meant to be a joyous exercise which...
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Court Denies Mortgagee’s Claim for Unproven Fees and Charges under Overdue Mortgage
Thursday, December 24, 2020James R.G. CookLitigation, Real EstateMortgage Fees, Ontario Mortgages Act, Interest Act
Mortgagees suing to recover amounts owing under a mortgage in default should not expect a court to rubber stamp the amounts claimed for fees...
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Election law’s substantive approach applies to judicial recounts
Thursday, December 24, 2020Stephen A. ThieleLitigation, Election Law, Public Law, Political Law
Over eight years ago, the Supreme Court of Canada in Opitz v. Wrzesnewskyj, 2012 SCC 55 rejected a bid to overturn a close election result under a contested election application by applying a...
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Viewing the Supreme Court of Canada’s decision in Callow through a compliance lens
Wednesday, December 23, 2020James R.G. Cook, Kenneth Jull, Jonathan James Nehmetallah, Ian SpiegelLitigationContract Law, Supreme Court of Canada, Compliance
The Supreme Court of Canada released its decision in C.M. Callow Inc. v. Zollinger on December 18, 2020. This decision is ground-breaking in the world of contracts, and can...
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Seller Not Responsible for Zoning or Future Use Limitations of a Property
Tuesday, December 22, 2020James R.G. CookLitigation, Real EstateZoning By-Law, Agreement of Purchase and Sale, Ontario
A recent decision of the Ontario Superior Court of Justice affirmed that preliminary discussions between a buyer and seller regarding the potential zoning or...
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Legal research and the duty to disclose relevant law
Monday, December 21, 2020Stephen A. ThieleLitigationRules of Professional Conduct, Research, Disciplinary Hearing, Ethics, Legal Research, Law Society of Ontario
Legal research is important. In general, every legal issue requires some form of legal research because each legal issue is informed either by...
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To Conserve and Protect? Bill 229's Impact on Conservation Authorities
Tuesday, December 15, 2020Jonathan James NehmetallahLitigation, Municipal LawConservation Authorities Act, Bill 229: Protect, Support and Recover from COVID-19 Act (Budget Measures) 2020, LPAT: Local Planning Appeal Tribunal, Conservation Authority
Ontario has 36 conservation authorities that act as community-based management agencies who undertake watershed-based programs to protect the community from...
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The frailties of online legal research: the words “and” and “or”
Monday, December 14, 2020Stephen A. ThieleLitigationResearch, COVID-19, Lexis Advance, Quicklaw, CanLII, NextCanada
I have been a legal research lawyer for almost 30 years. When I started law school in 1987 the use of laptops to take notes in lectures was completely unknown. Our first year legal research and writing class was based...
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Civil Conspiracy Established against Directors of Shell Company for Loss of Investment
Monday, December 14, 2020James R.G. CookLitigation, Civil LawOntario Court of Appeal , Fraud
The Ontario Court of Appeal has confirmed that liability for civil conspiracy may arise from the “constructive intent” of a defendant to cause harm even if they are not in direct communication with the plaintiff during...
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Parent’s Claim to Recover Home Transferred to Daughter Dismissed
Friday, December 11, 2020James R.G. CookLitigation, Estate PlanningReal Estate, Wills, Trusts, Smith Falls
Property is often transferred between family members without money exchanging hands. There are many reasons for doing so, including estate planning, assisting children with buying a home, removing property from...
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Can your boss force you to take the COVID-19 vaccine?
Friday, December 11, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Employer, Employee, Employment Agreements, Ontario, Human Rights Code, Occupational Health and Safety Act
If 2020 has felt like a horror movie, the COVID-19 vaccine is the highly anticipated final act. Now with the vaccine’s...
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Who is that guy? A lesson in the law of defamation
Wednesday, December 9, 2020Stephen A. ThieleLitigationDefamation, Supreme Court of Canada
The law of defamation is about protecting a person’s reputation. Accordingly, as determined by the Supreme Court of Canada in the seminal case of...
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HBC’s Efforts to Withhold Rent Due to Landlords’ Failure to Maintain “First Class” Shopping Centres
Tuesday, December 8, 2020James R.G. CookLitigationCOVID-19, Retail Shopping, Commercial Landlord, Commercial Tenancies Act, HVAC
During the COVID-19 pandemic, with consumers leery of indoor shopping and retailers being forced to keep their doors closed due to health...
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Ontario Court of Appeal Upholds Doctor’s Damages for Defamatory Postings on RateMDs.com
Monday, December 7, 2020James R.G. CookLitigationDefamation, Damages, Ontario Court of Appeal
In response to a series of negative and untruthful online reviews, a medical doctor sued the author of the posts for defamation and was awarded...
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Misrepresentation in Square Footage leads to Rescission of Agreement of Purchase and Sale
Wednesday, December 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Stouffville, Ontario Court of Appeal , Misrepresentation
A misrepresentation by the seller and real estate agent as to the square footage of a residential property in Stouffville, Ontario resulted in the rescission of the Agreement of Purchase and Sale...
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Abandoned Use of Easement Leads to Loss of Backyard Parking Pad
Monday, November 30, 2020James R.G. CookLitigationToronto, Easement, Land Title Act, Conveyancing Law and Property Act , Real Estate
In a densely populated city like Toronto, many older neighbourhoods contain tightly-packed homes separated by narrow easements which provide access to...
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Injunction to Remove Allegedly Defamatory Social Media Posts Dismissed
Friday, November 27, 2020James R.G. CookLitigationDefamation, Damages, Social Media, BLM Movement, Free Speech
A recent case of the Ontario Superior Court of Justice illustrates the difficulties that a plaintiff may encounter when seeking to stop allegedly defamatory posts...
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Preparing for the ONCA
Thursday, November 12, 2020Clifford S. Goldfarb, James M. Parks, Heather KeachieNon-Profit and Charities, Corporate LawNot-for-profit Corporations Act (ONCA), Corporations Act, Ontario
The Not-for-profit Corporations Act (Ontario) (ONCA) that we have been waiting for since 2010 is likely going to come into effect on January 1, 2021 or shortly thereafter. When it comes into effect...
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Dock Dispute leads to Nuisance Claim and $598,000 Costs Award
Monday, November 9, 2020James R.G. CookLitigation, Real EstateCottage Country, Ontario Court of Appeal , Damages, Ontario Ministry of Natural Resources and Forestry , Lake Simcoe, Boat Dock
After years of litigation, a dispute between neighbours of waterfront properties on Lake Simcoe led to a mandatory order requiring the removal...
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Municipality Restrained from Interfering with Cottage Owners’ use of Fire-Pit Lands
Friday, November 6, 2020James R.G. CookLitigation, Real EstateCottage Country, Zoning By-Law, Georgian Bay, Fire-Pit
Seasonal residents of cottage properties in Tiny Township obtained an injunction prohibiting the municipality from interfering with their use of disputed lands containing...
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Injunction to Stop Neighbour’s House Construction near Escarpment Dismissed
Thursday, November 5, 2020James R.G. CookLitigation, Municipal Law, Real EstateBuilding, Building Code Act, 1992, Conservation Authorities Act
A property owner’s application for an injunction against his neighbour to stop construction of a property which he claimed was in contravention of municipal and conservation authority regulations was...
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Volunteer Coaches’ Defamation Claim Dismissed as Contrary to Public Interest
Monday, November 2, 2020James R.G. CookLitigationOntario Superior Court of Justice , Defences, Ringette, Coaching, Defamation
The Ontario Superior Court of Justice dismissed a defamation claim which arose from an email sent by parents of a competitive ringette player expressing their dissatisfaction with
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Injunction Granted to Hotel to Enforce Noise By-Law
Wednesday, October 28, 2020James R.G. CookLitigation, Municipal LawEnvironmental Protection Act, Municipal Act
Potential harm to a hotel’s online reputation for providing a quiet night’s sleep may be sufficient grounds to obtain an injunction to restrain a noisy neighbour. In JJ’s Hospitality v. Kal Tire, 2020 ONSC 6198 (CanLII), a hotel in...
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Changes in Payment Model for Pharmacy Services Provided to Long-Term Care Home Residents
Tuesday, October 27, 2020Lad KucisLitigation, Health LawOntario Government, Retirement Homes , Pharmacy, Long-term Care Homes, Ministry of Health
Effective January 1, 2020, the Government of Ontario announced significant changes to the way that pharmacies are paid for services provided to long-term care (LTC) home residents, as set out in...
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Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction
Friday, October 23, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Damages, Flooding, Insurance Policy
In Bilotta v. Booth, 2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...
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Proposed Legislation Would Shield Retirement Homes and Long-Term Care Homes from COVID-19 Lawsuits
Wednesday, October 21, 2020Lad KucisLitigation, Health LawCOVID-19, Retirement Homes , Bill 218, Supporting Ontario’s Recovery Act, 2020
On October 20, 2020, the Ontario Government introduced Bill 218, Supporting Ontario’s Recovery Act, 2020, which if passed, would...
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Real Estate Investor’s Claim for Lost Opportunity Damages Rejected
Tuesday, October 20, 2020James R.G. CookLitigation, Real EstateOntario Superior Court of Justice , Agreement of Purchase and Sale, Damages
In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...
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Caveat Emptor Applied to Alleged Basement Flooding Damage
Wednesday, October 14, 2020James R.G. CookLitigation, Real EstateFlooding, Ontario Superior Court of Justice , Termination, Damages
In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...
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Township’s Prescriptive Easement Upheld by Court of Appeal
Friday, October 9, 2020James R.G. CookLitigation, Municipal LawOntario Court of Appeal , Land Title Act, Land Registry
In Paleshi Motors Limited v. Woolwich (Township), 2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...
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Partial shutdown of business does not preclude business interruption claim
Wednesday, October 7, 2020Stephen A. Thiele, James R.G. CookLitigation, Insurance ActCOVID-19, Business Interruption Loss Policy
As we head into the seventh month of the artificial economic lockdown ordered by Canadian governments at all levels and brace ourselves for the second wave of the COVID-19 pandemic, businesses in multiple sectors continue to seek compensation from their...
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Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions
Monday, October 5, 2020James R.G. CookLitigation, Real EstateOntario Court of Appeal , Development, Ontario, Restrictive Covenant, Land Title Act
A recent decision of the Ontario Court of Appeal dismissed a developer’s attempt to enforce a “building scheme” restricting the construction of an...
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Real Estate Agent’s Defamation Claim Survives Anti-SLAPP Motion
Thursday, September 24, 2020James R.G. CookLitigation, Real EstateDefamation, Online Review, Anti-SLAPP Legislation
In Niu v. Cao, 2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning...
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Business Interruption Insurance in the Time of COVID-19: Some Recent Judicial Consideration
Monday, September 21, 2020Stephen A. Thiele, James R.G. CookLitigation, Bankruptcy and Insolvency, Insolvency law, Insurance ActCOVID-19, Ontario, Business Interruption Loss Policy, Ontario Business Loss Coverage Litigation, Prevention of Access Clauses , Disease Clauses, Financial Conduct Authority
The COVID-19 pandemic has caused a significant slowdown in many sectors of the economy, forcing businesses to either seek creditor protection or...
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Fence Dispute Leads to $70,000 Defamation Judgment
Monday, September 14, 2020James R.G. CookLitigation, Real EstateDefamation, Small Claims Court, Libel, slander
A dispute between two neighbours over a fence led to a $70,000 judgment against an online activist who posted defamatory comments about one of the...
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Lake access easements should be carefully scrutinized prior to purchase
Friday, September 4, 2020James R.G. CookLitigation, Real EstateCottage Country, Right-of-way Access , Lake Waseosa
In a dispute not uncommon to Canadian cottage country, the Ontario Court of Appeal recently addressed whether the owner of a non-lakefront property...
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Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home
Wednesday, September 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Contract Law, Damages
The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...
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Unconscionability in Real Estate Transactions Post-Uber
Monday, August 31, 2020James R.G. CookLitigation, Real EstateIrrevocability Clause, Contract Law, Toronto
In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...
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Online Reviews, Freedom of Expression and Anti-SLAPP Legislation: 910938 Ontario Inc v Moore
Monday, August 17, 2020James R.G. CookLitigationComplaints, Defamation, Anti-SLAPP Legislation, Online Review
Consider a time when you had a terrible customer service experience while shopping, going to the dentist, or grabbing a bite to eat with some friends. Perhaps you felt sufficiently motivated to post a negative...
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Opportunity for Increased Tax Savings from Income Splitting with a 1% Prescribed Rate Loan
Thursday, July 30, 2020Lindsay Ann Histrop, Simon CheungCorporate Law, Tax and Estate PlanningIncome Splitting, Tax Savings
In this blog we will explain how you may be able to benefit from a 1% prescribed-rate loan to split income with certain family members who are taxed at a lower marginal rate.
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In the Aftermath of Uber v Heller: Balancing Contractual Freedoms with Access to Justice
Monday, June 29, 2020John A. Campion, Jonathan James NehmetallahLitigation, Employment Law, Employment Standards ActSupreme Court of Canada, Uber, Employment Agreements
On June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses in an employment agreement and whether that could...
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Ontario Suspends Commercial Tenant Evictions
Friday, June 19, 2020Stephen A. Thiele, Gavin J. TigheLitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government
In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”.
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A Litigation Update: The Small Claims Court and Short Motions or Applications
Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, Rojin JazayeriLitigationRules of Professional Conduct, Small Claims Court, Short Motions
As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.
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Facebook To Pay $9 Million Penalty Under Canada’s Competition Act
Wednesday, June 3, 2020Kenneth Jull, Jonathan James NehmetallahLitigation, Competition ActCompliance, Advertising, Administrative Monetary Penalty
On May 19, 2020 the Competition Bureau announced that Facebook Inc. will pay a $9 million administrative monetary penalty (“AMP”), and an additional $500,000 for the costs of the Bureau’s investigation, after...
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The Ontario government continues to modernize the way in which documents can be executed and sworn
Thursday, May 14, 2020Lindsay Ann Histrop, Simon Cheung, Jennifer SearleTax and Estate Planning, Business Law, Corporate LawCOVID-19, State of Emergency, Powers of Attorney, Wills, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act
The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with our technological world.
On May 12, 2020, the Ontario government passed Bill 190, the COVID-19 Response and Reforms to Modernize Ontario Act, 2020.
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Ontario re-opening for business: A gradual approach
Thursday, May 7, 2020Stephen A. Thiele, Gavin J. TigheLitigationCOVID-19, Ontario Government, Ontario, State of Emergency
With Victoria Day a little more than a week away and people experiencing a growing urge to return to pre-COVID-19 routines, many governments, including the Ontario government, have...
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Insurance and business interruption losses caused by COVID-19 shutdowns: Are you covered?
Wednesday, May 6, 2020Arlene O'Neill, Evert Van WoudenbergCorporate Law, Insolvency lawCOVID-19, Insurance Policy, Business Interruption Loss Policy
As Ontario enters another month of a government ordered lockdown of the economy because of the worldwide COVID-19 health emergency, businesses continue to struggle as they see their revenues and profits plummet. In some cases...
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Property Disputes during a Pandemic
Monday, April 27, 2020James R.G. CookLitigation, Real EstateCOVID-19, Coronavirus, Ontario
In Ontario regular civil court operations have been largely suspended since mid-March 2020 due to the COVID-19 pandemic. One consequence of this has been the temporary postponement of...
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Tax Planning Opportunities in a Depressed Market
Monday, April 27, 2020Lindsay Ann Histrop, Simon CheungTax Law, Tax and Estate Planning, Corporate LawCapital Gains, Capital Losses, Income Splitting, Prescribed Rate Loan Structure
The recent decline in financial markets may present opportunities to obtain refunds of tax paid in prior years. They may also present opportunities for income-splitting if...
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A COVID-19 lay off may not be termination
Tuesday, April 21, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Termination, Employment Agreements, Employee, Employer, Employment Standards Amendment Act, State of Emergency
Canada lost a staggering million plus jobs in the month of March. The International Labour Organization has said based on current statistical information, 1.25 billion workers or 38% of the Global Workforce may face workplace displacement as a result of the COVID-19 pandemic.
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Directors and officers need to stay focused and diligent during COVID-19 health emergency
Thursday, April 16, 2020Arlene O'Neill, Kathleen SkerrettCorporate Law, Business Law, Securities Law, Tax LawDirectors and Officers Liability, Directors and Officers Insurance Coverage, HST/GST
With the COVID-19 health emergency continuing for a least another month in Ontario and non-essential businesses remaining closed, directors and officers must continue to remain focused of their duties and to protect the companies they serve as a director or officer and themselves from potential liability.
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Virtual Signatures for Wills and Powers of Attorney Now Allowed
Monday, April 13, 2020Lindsay Ann HistropCorporate Law, Estate PlanningWills, Powers of Attorney, Succession Law Reform Act, Substitute Decisions Act, COVID-19
As the COVID-19 health emergency continues to create financial uncertainty because of the shutdown of non-essential businesses, layoffs and reductions in pay, it is understandable that people are concerned about...
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COVID-19 Provides Rare Opportunity for an Estate Freeze
Monday, April 13, 2020William S. Bernstein, Lorne Saltman, James M. Parks, Greg Farano, Lindsay Ann HistropCorporate Law, Estate Planning, Income Tax Act, Tax and Estate Planning, Tax LawWills, Estate Freeze, COVID-19
COVID-19 has resulted in significant decreases to the value of many assets, including marketable securities, private businesses and real estate. This provides an opportunity to implement an estate freeze at low values, which allows for future savings in income tax.
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Federal government announces significant change to Emergency Wage Subsidy
Wednesday, April 8, 2020Soma Ray-EllisLitigation, Employment LawCanada Emergency Wage Subsidy, Not-for-Profit/Charities, COVID-19
On April 8, 2020, the federal government announced that it was making a significant change to the Canada Emergency Wage Subsidy program that it had previously announced on March 30, 2020.
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A CERB Application Update
Monday, April 6, 2020Stephen A. ThieleLitigationCOVID-19, Canada Emergency Response Benefit (CERB), Canada Revenue Agency (CRA)
On Friday, April 3rd, 2020, the Government of Canada released a comprehensive question and answer resource on the Canada Emergency Response Benefit. Specifically, eligibility requirements and the application process was clarified
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Top 10 Work Refusal Questions for Employers and Employees during the COVID-19 Pandemic
Monday, April 6, 2020Soma Ray-EllisLitigationCOVID-19, Workplace Safety and Insurance Board (WSIB), Employer, Employee, Employment Agreements, Employment Standards Amendment Act
The global spread of COVID-19 has impacted employers and employees across the globe, and Canada is no exception. Soma Ray-Ellis, Chair – Employment and Labour Law Group has prepared the ten most relevant questions that employers and employees need to understand in this COVID-19 work reality we now find ourselves in.
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Ontario expands non-essential business closures
Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Ontario, Infectious Diseases, Infectious Diseases Emergencies, Healthcare
On April 3, 2020, the Ontario government expanded the list of non-essential businesses that will be required to close while the province courageously battles to control the spread of COVID-19.
Under Regulation 82/20, the Ontario government had previously provided a list of businesses that it had deemed essential and that could remain open during the current health emergency.
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Frustration and Pandemic - A Long Term Perspective on COVID-19 and Frustration of Contracts
Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCOVID-19, Compliance, Frustration, Force Majeure, Contract Law
In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...
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Novel Coronavirus (COVID-19) Update: Federal and Provincial Government Relief Measures Available to Businesses
Thursday, April 2, 2020Stephen A. ThieleLitigation, Business LawLayoffs, COVID-19, Coronavirus, Wage Subsidy, Work-Sharing Program Extensions, Workplace Safety and Insurance Board (WSIB), Business Credit Availability Program (BCAP)
This blog will provide an overview of the most significant federal and provincial relief measures to assist businesses and entrepreneurs in the face of the unique and pressing challenges presented by the current COVID-19 pandemic.
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New Ontario Legislation To Protect Workers: COVID-19
Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Ontario, Safety, Wrongful Dismissal, COVID-19, Coronavirus, Infectious Diseases, Infectious Diseases Emergencies, Ontario Government, Bill 186
On March 19, 2020, the Ontario Government introduced the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, which amends the Employment Standards Act, 2000, to protect the jobs of employees who...
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Zombie Deed Sparks Reoccurring Legal Debate
Wednesday, March 11, 2020James R.G. CookLitigation, Real EstateZombie Deed, Probate, Land Registry
Absent a sequel by way of appeal, the Ontario Superior Court of Justice may have struck the final blow to the head of “zombie deeds”. A “zombie deed” generally refers to...
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Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore
Wednesday, January 29, 2020James R.G. CookLitigation, Real Estate, Land Use Regulation, Land Titles ActCosts, Ontario
Can the location of an outhouse grant title to a portion of the neighbour’s land? This was the smelly issue facing the Court in a matter that went through a seven day trial followed by a recent trip to...
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