Latest
Friday, June 05, 2020 @ 8:52 AM
Dependant denied support for misconduct: Insurance, intestate succession
It is arguable that, generally speaking, a beneficiary would be denied insurance proceeds if they caused the death of the deceased, based on both the “slayer rule” and ex turpi causa non oritur actio (“no right of action arises from a base cause”) (see Brissette Estate v. Westbury Life Insurance Co. [1992] 3 S.C.R. 87). This ex turpi causa doctrine has already found common application in insurance law. The Supreme Court of Canada in Hall v. Hebert [1993] 2 S.C.R. 159 cited the origins of the ex turpi causa doctrine in the notion that one should not receive life insurance proceeds after murdering the deceased: ... [read more]
Thursday, June 04, 2020 @ 2:35 PM
What employers will face as economy reopens
As the local economy is slowly reopening, Canadian employers face both legal and logistical challenges as they come out of COVID-19. Unchartered waters lie ahead as they face health and safety, privacy and human rights issues. ... [read more]
Wednesday, June 03, 2020 @ 1:25 PM
Ontario’s COVID privacy amendments impact beyond public interest
On March 25 the Ontario government introduced and had passed into law Bill 188, its Economic and Fiscal Update Act, 2020, more accurately understood as its initial pandemic response legislation. While the Act includes legislation targeted to address the COVID-19 pandemic, it contains important changes to the province’s health and public sector privacy laws — some of which may serve the pandemic response objective but potentially have more far-reaching implications. ... [read more]
Wednesday, June 03, 2020 @ 8:52 AM
No going back: Technology and court process | Gary Joseph
The COVID-19 shutdown of the court system was initially viewed as a temporary measure to address legitimate health concerns. Most lawyers expected a quick return to “normal” once the pandemic passed. Two things have now become quite apparent: the pandemic is not passing as quickly as we had hoped and, as importantly, there will be a new “normal.” Lawyers need to accept this and get onboard the technology train or they will be left behind. ... [read more]
Tuesday, June 02, 2020 @ 1:41 PM
Litigation risk in COVID-19 environment: Big changes
Litigation risks are materially different today, under COVID-19 than at the start of 2020 when the threat of a world-changing global pandemic was barely an idea. The economic and strategic considerations affecting organizations’ litigation decisions are shifting. This article examines that shift and explores the consequences for litigants going forward as they seek to resolve disputes in the pandemic environment — both existing legal disputes and new litigation arising from COVID-19. ... [read more]
Monday, June 01, 2020 @ 12:42 PM
Ontario curtails right to claim constructive dismissal for COVID-19 layoffs
The Ontario government, without any advance warning, has issued a significant regulation, O. Reg. 228/20, that appears to attempt to make life more predictable for employers. It prevents employees from complaining that they have been “constructively dismissed” to the Ministry of Labour. The new regulation declares that workers who were laid off shall not be deemed to have been laid off, but instead are on “infection diseases emergency leave.” ... [read more]
Monday, June 01, 2020 @ 8:39 AM
Extraordinary ability visa: Safe haven during executive order storm
It all started with a tweet late one night in April 2020. My phone started beeping and buzzing with texts. HR and corporate counsel worried about news they had just read. An apoplectic client concerned about the future. President Trump had tweeted that he plans to suspend immigration to the United States. ... [read more]
Friday, May 29, 2020 @ 3:21 PM
Swiss court rules staff working at home eligible for rent help | Tara Vasdani
As a remote work advocate long before the pandemic, as well as the precautious legal voice consistently touting the necessity of remote work policies, I am very pleased to report that Switzerland’s top court has ruled that employers operating emergency COVID-19 remote workforces must contribute to a portion of their employees’ monthly rental payments, if and where employees are expected to work from home. ... [read more]
Friday, May 29, 2020 @ 1:12 PM
History made in Ontario courts: Nation Rise outcome
The first three articles of this five-part series on the history-making April 17 Divisional Court hearing in the Nation Rise Wind Farm Limited Partnership v. Ontario (Minister of the Environment, Conservation and Parks) 2020 ONSC 2984 judicial review was published in The Lawyer’s Daily recently. ... [read more]
Thursday, May 28, 2020 @ 1:16 PM
Canadian courts adapt to challenges of COVID-19
Over the past few months, Canadians have experienced unprecedented changes in all facets of their lives. As businesses, from restaurants to banks, have quickly shifted their operations to help flatten the curve, so to have our nation’s courts. ... [read more]
