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Published on: 5 Oct 2020 By

Leaves, layoffs and terminations: COVID’s impact on Ontario’s workplaces

In the ever-changing employment law landscape of 2020, it can be hard to keep pace and understand your options and responsibilities for your workforce. This blog will discuss some of our clients’ frequently asked questions about leaves, layoffs and terminations. Covid Related Leaves of Absen…

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Published on: 5 Oct 2020 By

It’ll never happen to us: Union avoidance in the age of COVID-19

Union organizing campaigns can start in several different ways, however many find at their root a feeling among employees of unfair or unequal treatment by their employer. Sometimes the friction point is pay and benefits, other times it is entitlement to a benefit or advantage that others ma…

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Published on: 5 Oct 2020 By

Waiver of tort is out, and disgorgement is in – Atlantic Lottery Corp. Inc. v. Babstock., 2020 SCC 19

Introduction On July 24, 2020, the Supreme Court of Canada brought clarity over a longstanding question in Atlantic Lottery Corp. Inc. v. Babstock,1 Waiver of tort as an independent cause of action that did not require proof of damages has been a concept up in the air, which has finally sett…

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Published on: 1 Oct 2020 By

New COVID-19 screening requirement for businesses and organizations

On Friday, September 25th, the Ontario government announced that, effective September 26th all Ontario businesses must comply with any advice, recommendations and instructions issued by the Office of the Chief Medical Officer of Health (the “Chief Medical Officer”) on screening for COVID-19.…

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Published on: 1 Oct 2020 By

Dazed and Confused: Five more contractual considerations for uncertain times

In part one of this article, I discussed five considerations for negotiating and drafting contracts during this period of continuing commercial uncertainty resulting from the COVID-19 pandemic. Below are five additional considerations for negotiating, drafting and executing contracts during …

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Published on: 24 Sep 2020 By

Dazed and Confused: Five contractual considerations for uncertain times

The year 2020 will not soon be forgotten. Despite the devastation of the COVID-19 pandemic, it has also provided a catalyst for substantial innovation and positive disruption to business models and commercial practices. During this time of business adaptation to respond to the unique challen…

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Published on: 18 Sep 2020 By

Context is everything – Miller v FSD Pharma Inc.

In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (“OSA”) for misrepresentations in secondary market disclosure. We have proba…

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Published on: 17 Sep 2020 By

Court finds against insurer who held insured to an “absurd” standard

Lamb v Cooperators, 2020 ONSC 4955 You’ve been struck by a car. You have pain in part of your body. You’re not yet entirely sure where. Then, yes, okay it’s your arm. Your arm hurts. But where exactly. It’s more your shoulder. How bad is the pain though? You think you might have hit your...

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Published on: 14 Sep 2020 By ,

Support for Businesses during COVID-19: CEBA application deadline extended

Despite being able to resume operations following the lifting of certain governmental restrictions related to COVID-19, many business owners continue to experience unprecedented financial challenges. After months of decreased revenue – or possibly even periods without any revenue – business …

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Published on: 8 Sep 2020 By

Climate-Change Litigation: Failure to disclose risks

On July 22, 2020 a 23 year old individual led the filing of a class action lawsuit against the Australian government alleging that the government failed to disclose the material risk of climate change to investors in government bonds1. Instead of seeking damages the relief sought seeks to re…

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