Focus On

In-House Counsel


Monday, June 01, 2020 @ 12:42 PM

Ontario curtails right to claim constructive dismissal for COVID-19 layoffs Queen'sParks

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 paper_storm_sm

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 youtube_court_sm

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 closed_COVID_sm

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]

Wednesday, May 27, 2020 @ 12:23 PM

Canada’s mandatory self-isolation laws: Staying compliant quarantine_tape_sm

If selected for an inspection on quarantine requirements, employers of foreign worker must be prepared to answer a range of questions within 48 hours, including: ... [read more]

Wednesday, May 27, 2020 @ 8:41 AM

Legal and ethical challenges of using AI in arbitration AI_handshake_sm

While artificial intelligence (AI) has immense potential in improving efficiencies in the field of arbitration, there are ethical and practical considerations that have yet to be fully considered before it can be the new norm. ... [read more]

Tuesday, May 26, 2020 @ 1:39 PM

Potential issues in Ontario employment law post-COVID-19 Manintie

It is now a truism that the world was blindsided by the COVID-19 pandemic. It is also impossible to predict the impact this experience will have on our lives once the crisis ends. Yet it would not be (entirely) a fool’s errand to anticipate the kind of issues the Ontario legislature and the courts would have to grapple with in the area of employment law in Ontario in the near future. ... [read more]

Tuesday, May 26, 2020 @ 8:31 AM

The good, bad and risky: Physician obligations during COVID telemedicine_doctor_sm

We often hear that one of the silver linings of this COVID-19 pandemic will be increased access to health-care professionals through technological innovations such as telemedicine and other remote care solutions. Indeed, the pressures brought by the disease on hospitals and traditional care facilities, whether actual or anticipated, have facilitated this general embrace of technology as a fundamental partner of modern health care. ... [read more]

Monday, May 25, 2020 @ 2:39 PM

Canada’s mandatory self-isolation laws: Avoiding penalties quarantine_tape_sm

All travellers entering Canada are subject to the federal Quarantine Act. Under this act, the Minimizing the Risk of Exposure to COVID-19 in Canada Order (Mandatory Isolation), No. 2 (the Mandatory Isolation Order) requires travellers to self-isolate for 14 days immediately upon entry to Canada. Compliance is subject to monitoring, verification and enforcement. ... [read more]