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COVID-19

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Wednesday, May 12, 2021 @ 10:43 AM

Links between COVID-19, divorce Man and woman facing opposite directions

It goes without saying that the COVID-19 pandemic has impacted many people’s everyday lives. People can no longer meet up with members outside their household, go to clothing stores or eat in restaurants. Some of the pandemic’s effects on people’s day-to-day lives are less obvious though. For example, the COVID-19 pandemic has affected many people’s marriages. More specifically, the pandemic has led to an increased interest in divorce. ... [read more]

Wednesday, May 12, 2021 @ 6:09 AM

WRONGFUL DISMISSAL - Constructive dismissal - Change to remuneration - Economic conditions

Action by Kosteckyj for damages for wrongful dismissal. Kosteckyj commenced employment with Apache Canada as a Senior Integrity Engineer in October 2013. In August 2017, the defendant Paramount Resources took over the business of Apache in Canada and continued Kosteckyj’s employment. ... [read more]

Tuesday, May 11, 2021 @ 8:33 AM

Appellate jurisdiction over interrelated final and interlocutory orders Man searching for path through a maze

The Court of Appeal for Ontario recently commented on a particularly complex area of appellate jurisdiction: interrelated final and interlocutory orders. The issue arose in Martin v. 11037315 Canada Inc. 2021 ONCA 246, where the Superior Court judge made both final and interlocutory orders arising from the same application. Generally speaking, appeals from interlocutory orders lie only to the Divisional Court with leave, whereas appeals from final orders lie in the Court of Appeal. The result may be separate appeals in different courts arising from the same proceeding. But what about a case like Martin, where the interlocutory and final orders are arguably intertwined? ... [read more]

Tuesday, May 11, 2021 @ 6:21 AM

PROCEDURE - Trials

Application by the Crown to compel the accused Stephens to remove his COVID-19 mask for the purposes of dock identification. The issue arose partway through Stephens’ jury trial for second degree murder. ... [read more]

Monday, May 10, 2021 @ 2:52 PM

Ontario expands COVID-19 vaccination eligibility

Ontario is opening eligibility for COVID-19 mRNA vaccines to residents with at-risk health conditions and those turning 40 in 2021 as supplies of the Pfizer-BioNTech and Moderna shots surge. According to a May 10 government news release, vulnerable individuals with conditions such as dementia, diabetes and sickle cell disease — as well as front-line workers the province’s Group Two category who cannot work from home — will be eligible to arrange a vaccination appointment through Ontario’s online booking system starting May 11 at 8 a.m. ... [read more]

Monday, May 10, 2021 @ 1:15 PM

COVID-19 related class action fails, a first in Quebec Karine Chênevert, Borden Ladner Gervais LLP

A consumer class action arising from the COVID-19 pandemic against a popular ski hill operator was refused certification, the first in Quebec, after Quebec Superior Court found that the application lacked an arguable cause of action. In a decision that is in line with recent class action case law, the ruling underlines that COVID-19 class actions cannot simply allege a breach of contract and expect to be certified; reiterates that class actions even in light of the pandemic nevertheless have to meet the relatively low burden of demonstration; and highlights the importance of the defence bar to adduce relevant evidence, according to class action experts. ... [read more]

Monday, May 10, 2021 @ 11:14 AM

Recalling employees back to office from remote work? Think constructive dismissal Woman at screen

In a long-awaited employment law ruling, the Ontario Superior Court of Justice on April 27, 2021, held that employees temporarily laid off because of the COVID-19 pandemic can bring civil action for constructive dismissal. ... [read more]

Friday, May 07, 2021 @ 4:06 PM

Ontario, feds roll out COVID-19 rapid testing for small and medium businesses

Employees of small and medium-sized businesses across Ontario can now receive rapid screening for COVID-19 through a new program launched jointly by the provincial and federal governments and the Ontario Chamber of Commerce. ... [read more]

Friday, May 07, 2021 @ 11:47 AM

How COVID, Charter don’t mix | Sam Goldstein

Constitutional lawyers, like carpenters, have the bad habit of seeing the world’s solution through the lenses of their trade. For carpenters, the solution to everything is a hammer. For constitutional lawyers, it’s the Canadian Charter of Rights and Freedoms. ... [read more]

Friday, May 07, 2021 @ 9:41 AM

Why online interaction’s better than you think Five people in zoom meeting

Even before the pandemic hit, the discussion around the pros and cons of flex work and working from home (WFH) or working from anywhere (WFA) raged. In February 2013, Marissa Mayer, then the new head of Yahoo, decided to summon all remote employees back to the office. Her goal was to create a more connected workforce and drive collaboration and innovation: “We need to be one Yahoo, and that starts with physically being together.” ... [read more]