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Thursday, September 23, 2021 @ 12:30 PM

Supreme Court of Canada won’t hear s. 12 Charter attack on regulatory mandatory minimum fines

The Supreme Court of Canada ruled today that it will not hear an appeal from a failed Charter challenge by a Quebec project manager slapped with a mandatory minimum fine for violating the province’s Building Act. ... [read more]

Thursday, September 23, 2021 @ 8:35 AM

‘Just cause’ termination clause upheld but decision ripe for appeal Hands holding box of personal effects of fired person

Termination clauses are akin to prenuptial agreements. Their purpose is to create clarity about an employee’s entitlements at the time of dismissal. If a termination clause does not comply with the Employment Standards Act, 2000 (ESA), it will not be enforced. The issue of enforceability of a termination clause is one of the most frequently litigated areas of employment law. ... [read more]

Wednesday, September 22, 2021 @ 3:41 PM

No ‘right to accommodation’ under rights Code for unvaccinated based on ‘preference’: OHRC

On Sept. 22, the Ontario Human Rights Commission (OHRC) released a policy statement on COVID-19 vaccine mandates and proof of vaccine certificates, noting that “a person who chooses not to be vaccinated based on personal preference does not have the right to accommodation” under the Human Rights Code. ... [read more]

Wednesday, September 22, 2021 @ 2:20 PM

Insurer has ‘no duty to defend’ claims for breach of contract against insured, court rules Erik Knutsen, Professor at Queen's Faculty of Law

The Ontario Court of Appeal has determined that an insurance company has “no duty to defend” two claims for breach of contract made against a company it insures. Insurance academics and lawyers note that the decision will “absolutely” cause massive ripples in the industry and provide “much needed guidance on the scope of” clauses “which are not often litigated.” ... [read more]

Wednesday, September 22, 2021 @ 10:10 AM

COVID-19 workplace vaccination policies, mandates in British Columbia Map of BC

COVID-19 vaccination policies and mandates in B.C. workplaces are giving rise to a number of provincial legal implications and public policy considerations that should be carefully considered by all employers as they deliberate on whether or not to implement a workplace policy or mandate concerning COVID-19 vaccinations for their employees. ... [read more]

Wednesday, September 22, 2021 @ 8:22 AM

U.S. extends border restrictions as Canada opens door to vaccinated foreign nationals Open sign over a closed sign

On Aug. 20, the Department of Homeland Security (DHS) announced that the United States was once again extending restrictions on non-essential travel at land and ferry crossings with Canada and Mexico, citing the ongoing COVID-19 pandemic and the delta variant as the rationale for the continued shutdown. To the dismay of many, this means the U.S. border will officially remain closed to its Canadian neighbours for non-essential travel until Oct. 21 at the earliest. Many anticipate that that the U.S.-Canada border will remain closed to non-essential travel until there is a drop in positive cases in the U.S. and Canada. ... [read more]

Tuesday, September 21, 2021 @ 3:20 PM

COVID-19 ‘remains an emergency,’ Ford says ahead of vaccine certificate deadline Doug Ford, Premier of Ontario

Ontario Premier Doug Ford issued a statement the day before step one of the province’s proof of vaccination policy comes into effect urging people to get their COVID-19 shots and stressing that the virus “doesn’t care about partisanship or politics.” ... [read more]

Tuesday, September 21, 2021 @ 2:00 PM

Primum non nocere: First do no harm | Jared Brown

One of the principal precepts of bioethics that all students in health care are taught in school is that “given an existing problem, it may be better not to do something, or even to do nothing, than to risk causing more harm than good.” It serves to remind people to consider the possible harm that any intervention might do. ... [read more]

Tuesday, September 21, 2021 @ 1:41 PM

Anti-money laundering risks: Changes to online gambling Two men betting on online football

The online gambling market in Canada is rapidly transforming and anti-money laundering (AML) compliance is a crucial component to ensure a safe transformation. At least 50 per cent of Canadians actively gamble online, making Canada the eighth most popular country for online gambling. ... [read more]

Monday, September 20, 2021 @ 2:07 PM

COVID-19 impact on mediation and Rules of Civil Procedure Scales of justice in the cloud

As COVID-19 continues to cause uncertainty and while impacting the economy and our lives so deeply, many predict that this global pandemic will bring an increase in matters being litigated. ... [read more]