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Monday, July 06, 2020 @ 1:51 PM

Employer protection from COVID-19: U.S. proposals litigation_shield_covid_sm

In the U.S. Senate, lawmakers are set to debate a bold proposal. The Republicans have publicly affirmed that they will not support a new COVID-19 relief bill unless it includes liability protection for employers from lawsuits connected to the virus. ... [read more]

Monday, July 06, 2020 @ 1:19 PM

Termination clause beatdown: Waksdale v. Swegon North America Inc. Fired Business Guy

In the past year or so, the Ontario Court of Appeal has rendered several impactful decisions relative to the unenforceability of termination clauses. Released June 17, the court delivered a very employee-friendly decision rendering a termination clause unenforceable. In Waksdale v. Swegon North America Inc. 2020 ONCA 391, the court struck down a valid “without cause” termination subclause because the “for cause” termination subclause was held to be unenforceable. In this monumental decision, the court concluded that the severability clause cannot apply to sever the offending portion of the termination clause, and therefore the entire termination clause must fall. ... [read more]

Monday, July 06, 2020 @ 8:27 AM

Remote hearings, examination of witnesses: Practicalities online_courtroom_sm

Because of the current pandemic crisis, it appears from the emerging case law that remote hearings are deemed acceptable notwithstanding the various concerns. What then are best practices to ensure that ethical standards are met in remote hearings and examinations? We continue the list that we began in our first article in this series: ... [read more]

Friday, July 03, 2020 @ 10:28 AM

General counsel hold moral compass on anti-Black racism | Naveen Mehta

The GC Forum recently facilitated a frank discussion among more than 30 Canadian general counsel on the role of general counsel and chief legal officers in confronting anti-Black racism and anti-racism in their companies. Here are some of the takeaways from our panel. ... [read more]

Tuesday, June 30, 2020 @ 2:23 PM

Major upgrade, toughening of Quebec personal privacy law Bigheadspying

The Civil Code of Quebec, in a chapter titled “Respect of reputation and privacy” (Articles 35-40) sets forth the basic provisions protecting the right to the respect of a person’s reputation and privacy and prohibiting invasions thereof other than accordance with the law.  ... [read more]

Tuesday, June 30, 2020 @ 12:12 PM

Tips for safe, legal videoconferencing Maskwearingcomputeruser.jpg

Due to COVID-19 and social distancing, we now have no better alternative to videoconferencing. It has essentially become the new default for meetings, but this has brought about a very serious question as to whether Zoom or other videoconferences are safe for lawyers, doctors, government organizations and others to use.  ... [read more]

Tuesday, June 30, 2020 @ 12:11 PM

Competition Bureau to lead international consumer protection network for one-year term

The Competition Bureau announced on June 30 that it will begin its one-year term as president of the International Consumer Protection and Enforcement Network (ICPEN). From July 1, 2020, to June 30, 2021, the bureau will lead the network of consumer protection and law enforcement authorities from over 65 countries, representing approximately five billion consumers worldwide. ... [read more]

Monday, June 29, 2020 @ 3:14 PM

Workplace bullying: The other epidemic Handsonwoman

During and following the COVID-19 pandemic, there is a critical need for employers to be even more vigilant regarding their occupational health and safety responsibilities. For the past few months, workplace bullies and harassers have been methodically developing new and sophisticated tactics to virtually and digitally eliminate their target from the workplace. ... [read more]

Monday, June 29, 2020 @ 3:09 PM

Termination provisions: A whole new dimension head_questionmarks_sm

The issue of enforceability of a termination provision is one of the most frequently litigated areas of employment law. The enforceability of such provisions turns on their wording, the purpose and language of the Employment Standards Act, 2000 (ESA), and jurisprudence on interpreting employment agreements, which continues to vacillate. ... [read more]

Monday, June 29, 2020 @ 1:26 PM

Forcing Uber driver into international arbitration unfair: SCC Lior_Samfiru_sm

Workers’ rights mean nothing “if there is no mechanism to enforce those rights,” says a lawyer following the Supreme Court deciding an Uber driver cannot be forced by the company to take his dispute with it to costly arbitration in another country because the hiring contract’s clause requiring this is unfair and, thus, invalid. ... [read more]