Author: Shaila Pirani-Freitas

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Article author Shaila Pirani-Freitas

Apr 20, 2022

Improving Access to Registration and Introducing an Emergency Class of Registration: An Overview of the Amendments to the Regulated Health Professions Act as part of Bill 106

On April 14, 2022, important amendments to the Regulated Health Professions Act (“RHPA”) received Royal Assent. These amendments were passed as part of Bill 106, Pandemic and…

Apr 6, 2022

Warning to Claimants: Immediate Disclosure Required

Litigants asserting claims in Ontario will want to take careful note of a recent decision of the Court of Appeal. In Tallman Truck Centre Limited v. K.S.P. Holdings…

Apr 4, 2022

Bill 109: The More Homes for Everyone Act, 2022 Potential Changes to Land Use Planning in Ontario

The Housing Affordability Task Force released a report on February 8, 2022, that provides 55 recommendations on how to fix housing affordability. On March 30, 2022, and…

Feb 17, 2022

Estate Alert: Can I Disinherit My Child?

It has been two years since the pandemic began. It has been a stressful period for everyone, and estate planning is one issue that has been brought…

Feb 3, 2022

Transportation Notes: Ontario Court Awards $107 Million against Iran for Ukraine International Airlines Crash

The Superior Court of Justice of Ontario has awarded $107 million CAD to family members of six passengers who died on Ukraine International Airlines Flight PS 752…

Dec 6, 2021

Required Disclosure of Significant Control under the OBCA

On November 4, 2021, the Ontario government introduced Bill 43, the Build Ontario Act (Budget Measures), 2021 (“Bill 43”), which includes amendments to the Business Corporations Act…

Oct 15, 2021

So Mushroom to Grow: Psilocybin and Canada’s Regulatory Landscape

As the cannabis industry continues to grow, Canada’s capital markets have seen an increase in activity related to another substance that supporters are hopeful will eventually be…

Sep 27, 2021

New Hope for Employers for “Just Cause” Termination Provisions: Rahman v Cannon Design Architecture Inc.

In Rahman v Cannon Design Architecture Inc., 2021 ONSC 5961 (“Rahman”), Justice Dunphy of the Superior Court of Ontario rejected the plaintiff’s argument that a “just cause”…

Sep 23, 2021

Ontario Human Rights Commission Releases Policy Statement on COVID-19 Vaccine Mandates and Proof of Vaccine Certificates That Provides Guidance to Employers

Overview of Policy and Requirements Regarding Mandatory Vaccination As the highly contagious Delta variant of COVID-19 continues to spread, and following a whirl of announcements from federal,…

Sep 20, 2021

Transportation Notes: Court Approves $1.5 Million Settlement of Cathay Pacific Data Breach Class Action

In the recent decision McLean v. Cathay Pacific Airways Limited,[1] the Supreme Court of British Columbia approved a settlement of a class action brought against Cathay Pacific…

Sep 14, 2021

A Cautionary Tale for Employers: Russell v The Brick Warehouse LP

In Russell v The Brick Warehouse LP, 2021 ONSC 4822 Justice Vella of the Superior Court of Ontario awarded a terminated employee $25,000 in moral damages due…

Sep 13, 2021

Transportation Notes: Standing and Waiting – Determination of Passenger Rights Advocate’s Standing to Bring Application Still Stuck on the Tarmac

On July 31, 2017, 20 commercial flights destined for Toronto or Montreal were redirected to Ottawa due to unexpected severe thunderstorms. With the sudden influx of traffic…

Sep 10, 2021

WeirFoulds recognized in Chambers Canada Guide 2022

WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers for Business. In the 2022 edition, five of our partners…

Aug 27, 2021

New Ontario Regulation: Employers Must Comply with the Advice of the Chief of Medical Officer of Health Regarding COVID-19 Vaccination Policies

On August 24, 2021, the Ontario government filed O. Reg. 577/21, amending O. Reg. 364/20 (Rules for Areas at Step 3 and at the Roadmap Exit Step).…

Aug 25, 2021

WeirFoulds Subrogation & Recovery Group Successfully Upholds $24.3 Million Trial Award for Oil Pipeline Leaks

In 2019, Justice Marriott of the Alberta Court of Queen’s Bench awarded our client, ISH Energy Ltd. (“ISH”) damages in excess of $24 million against its pipeline contract…

Aug 19, 2021

Elections in the Time of COVID: Employer Obligations on Federal Election Day and COVID-19 Considerations

On September 20th, 2021, Canadians will head to the polls to elect their next Prime Minister and members to Parliament. This will be the first time in…

Jul 28, 2021

Clare Burns once again top-ranked in Chambers High Net Worth Guide

WeirFoulds is pleased to announce that Clare Burns, Partner, trusts and estates, has been ranked for a fourth consecutive year in the top band of the Private…

Jul 27, 2021

Transportation Notes: Québec Superior Court Allows Class Action Against Sunwing, But Not Other Airlines

In a recent decision, the Superior Court of Québec allowed a class action to proceed against Sunwing Airlines and its tour operator, Sunwing Vacations. The central allegation…

Jun 24, 2021

Modernizing the Ontario Business Corporations Act: Amendments Proclaimed

Further to our article on March 11, 2021, the Lieutenant Governor of Ontario has proclaimed that certain amendments to the Business Corporations Act (“OBCA”) will come into…

Jun 21, 2021

The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine

In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an…

Jun 9, 2021

The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021

On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”)…

Jun 8, 2021

Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 (“Carroll-Byrne”), the Nova Scotia Court of Appeal upheld a lower court’s authorization of the conditional release of…

Apr 29, 2021

Stay Home and Stay Safe: Ontario Announces Paid Sick Leave to Combat COVID-19 Pandemic

The ongoing COVID-19 pandemic has placed the Ontario government in the unenviable position of having to balance the need to protect workers with the need to preserve…

Apr 20, 2021

Toronto and Peel to Name and Shut down Workplaces with COVID-19 Breakouts; Other Regions may Follows may Follow

As Ontario continues to experience its third wave of the COVID-19 pandemic, it has become clear that this wave is quite unlike the previous two. While Ontario…

Apr 12, 2021

Employers, Are you Ready? Ontario Continues to Ramp up Workplace Inspection Efforts

In January 2021, the Ontario government announced that it was ramping up workplace health and safety inspections in an effort to combat COVID-19.[1] With COVID-19 cases again…

Apr 7, 2021

Transportation Notes: Pair of Passenger Class Actions Certified Against WestJet

The British Columbia Supreme Court has certified two class actions against WestJet. In one, the central allegation is that WestJet charged baggage fees despite stating in its…

Mar 19, 2021

What Regulators Can Learn from the Criminal Courts about Sexual Abuse Cases

It is no secret that there has been a societal reckoning about sexual abuse in the last few years. From the #MeToo movement to the amendments to…

Mar 11, 2021

Modernizing the Ontario Business Corporations Act

On December 8, 2020, the Ontario legislature enacted the Better for People, Smarter for Business Act, 2020 (the “Act”),[1] which provides key amendments to both the Ontario…

Feb 16, 2021

Transportation Notes: Air Carrier Avoids Liability for Refusal to Transport Disruptive Passenger

The British Columbia Civil Resolution Tribunal (BCCRT) recently ruled on a dispute involving an air carrier refusing to transport a disruptive passenger. In Serbinenko v. Air Canada,…

Jan 21, 2021

Ontario Further Expands its Workplace Inspections Campaign to Combat COVID-19

Last week, the Ontario government announced that it would be ramping up workplace inspections to combat the rising number of COVID-19 cases in the province.[1] The government’s…

Privacy Web Series: A Primer on the Proposed Legislative Changes in Privacy Law

A long-awaited overhaul of privacy law is at hand to bring Canadian privacy legislation more in line with global standards, and address the challenges posed by new…

Jan 14, 2021

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…

Jan 13, 2021

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.…

Jan 5, 2021

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…

Jan 4, 2021

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…

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