Here’s the Drill: Prompt Payment – Are your contracts in order?
In October 2019, the prompt payment rules were introduced to Ontario’s construction industry as part of the province’s updated Construction Act. The rules mark a significant shift with respect to […]
Is it Time For Employers to Review Your Employment Contracts? The Supreme Court of Canada Says Yes
On January 14, 2021, the Supreme Court of Canada denied Swegon North America Inc.’s application for leave to appeal the Ontario Court of Appeal’s decision in Waksdale v Swegon North […]
Appealing Forum Non Conveniens: Key Considerations
The recent decision of the Ontario Court of Appeal in GIAO Consultants Ltd. v 7779534 Canada Inc., 2020 ONCA 778 (“GIAO Consultants”) provides some key considerations for parties in forum non conveniens disputes. […]
Ontario Ramps up Workplace Inspections to Combat COVID-19
The Ontario government recently announced additional measures aimed at addressing the recent rise in COVID-19 cases in the province,[1] and are now taking steps to ensure that these new measures […]
Ontario Declares Emergency and Issues Stay-at-Home Order: What are the Implications for Employers?
Ontario has declared a second provincial emergency under the Emergency Management and Civil Protection Act in response to the growing number of COVID-19 cases in the province. Effective Thursday, January […]
Conduct Matters in Contracts: What You Need to Know About the Duty of Honest Performance in Construction Contracts
On December 18, 2020, the Supreme Court of Canada (“SCC”) released its decision in C.M. Callow Inc v Tammy Zollinger[1] (“Callow”); this decision will impact contractors, subcontractors, suppliers and various […]
Limitation Periods and COVID-19: Where Do Things Stand?
Courts across Canada shut down for a period of time in 2020 to respond to the COVID-19 pandemic. Several provinces and one territory suspended limitation periods in civil matters during […]
Featured in The Globe and Mail: Frank Walwyn’s reflections on his own success as Black Lives Matter protests swept the world last year
Frank Walwyn, Partner at WeirFoulds LLP was featured in The Globe and Mail’s article of January 4, 2021 titled, “Are the Walwyns change leaders or exceptions in the legal world?”, […]
Comply or Beware: Toronto to Begin Naming Employers With COVID-19 Outbreaks
As COVID-19 cases in the City of Toronto continue to rise, local health officials are imposing additional requirements on employers to combat the spread. On Monday, January 4, 2021, Toronto […]
Kinectrics v. FCL Fisker et al.: Novel Limitation Period Arguments for Subrogation Insurers
WeirFoulds’ subrogation team successfully opposed a motion for summary judgment recently, reported at Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748. In that decision, Justice Sanfilippo […]
Ontario Announces Provincewide Shutdown: What Does This Mean for Employers?
On December 21, 2020, Ontario announced that it will move into a provincewide shutdown to stop the spread of COVID-19. The provincewide shutdown will go into effect as of Saturday, […]
The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses
On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger,[1] in which it took the “opportunity to clarify what constitutes a breach […]
Business as Usual-ish: Construction Activities and a New Lockdown for Ontario
Although Ontario is heading back into lockdown starting this Boxing Day, for those in the construction industry it remains very much business as usual (which is to say, “usual” within […]
Stop the Clock: Ontario Again Extends the Deemed COVID-19 Emergency Leave and Introduces Flexibility for Layoffs in Unionized Workplaces
Ontario has once again extended the relief for employers from the temporary layoff provisions under the Ontario Employment Standards Act, 2000 (ESA) in the hopes of protecting businesses from the […]
An Employer’s $115K Mistake in a Wrongful Dismissal Settlement
On November 9, 2020, Brown J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Kearns v Canadian Tire Corporation Limited, upholding the 2019 decision of the […]