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Friday, September 24, 2021 @ 4:00 PM

Capacity limits eased for select settings where proof of vaccination required, Ontario announces

On Sept. 24, the Ontario government announced that capacity limits for “select indoor and outdoor settings where proof of vaccination is required” would be “cautiously” eased due to stable public health indicators. According to a government release, capacity limits will be increased effective Sept. 25 at 12:01 a.m. ... [read more]

Friday, September 24, 2021 @ 3:52 PM

Filing of French documents available in all Ontario courthouses by February, AG announces Doug Downey, Attorney General of Ontario

On Sept. 24, Ontario’s Ministry of the Attorney General announced that document filing in French will be possible at all courthouses across the province. ... [read more]

Friday, September 24, 2021 @ 12:56 PM

Courts’ hiding their COVID-19 vaccination policies legally flawed, against public interest: experts Amy Salyzyn, University of Ottawa.

Experts are rejecting as legally flawed, and contrary to the public interest, an argument that a few Canadian chief justices are making to justify not revealing how many of their court’s judges are vaccinated for COVID-19 and what — if any — mandatory COVID-19 vaccination policies their courts have in place. ... [read more]

Friday, September 24, 2021 @ 9:41 AM

Consider access, indemnification issues when leasing condos for solar use, report says

With the growing popularity of renewable energy as a means of weaning society off fossil fuels, people across the country are turning to solar power to meet their needs and ensure a cleaner environment. But unlike someone who owns a single family home, condo dwellers need to be aware that they have extra hoops to jump through in order for them to take this step. ... [read more]

Thursday, September 23, 2021 @ 2:06 PM

Appellate courts ‘must resist the temptation’ to conduct second trial on appeal, court notes Alison Boyce, Mann Lawyers LLP

The Ontario Court of Appeal released a split decision in a family law proceeding on the issue of the province’s jurisdiction to determine the case, stressing the “considerable deference” paid to trial judges. The decision may be relied upon by other cases in the future, a family law lawyer noted, because of the court’s “extensive analysis” of the Children’s Law Reform Act (CLRA). ... [read more]

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 @ 11:12 AM

Organizations with easements across reserve land should look at B.C. appeal decision, lawyer says Geoff Plant, Gall Legge Grant Zwack LLP

The B.C. Court of Appeal has put a time limit on the possible redevelopment of a disused railway line running across the reserve of a Vancouver Island First Nation, with a lawyer involved in the case shows the extent to which courts are prepared to intervene and review certainty of title when it comes to takings on reserve lands. ... [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 @ 2:42 PM

Canada extends commercial flight ban from India to Sept. 26

Transport Canada has briefly extended the prohibition on direct commercial and private passenger flights from India as Ottawa prepares to reopen to direct flights from India Sept. 27. On Sept. 21, the department announced it was extending the Notice to Airmen that restricts all such direct flights to Canada from India until Sept. 26 at 23:59 EDT. ... [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]