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Oct 1, 2020

New Minimum Wage for Employees in Ontario

Effective October 1, 2020, the general minimum wage for employees in Ontario increased by 25 cents, to $14.25 per hour. This is the first time the minimum…

Sep 29, 2020

Ontario Issues a New COVID-19 Screening Tool for Workplaces

On September 25, 2020, the Ontario Ministry of Health issued Version 1 of the COVID-19 Screening Tool for Workplaces (Business and Organizations) (the “Screening Tool”). On September…

Uber Arbitration Agreement not so Uber

Uber Arbitration Agreement not so Uber[1] In my April 16, 2018, blog,[2] I wrote about the Superior Court of Justice’s decision upholding the arbitration provisions in an…

Sep 23, 2020

Parties Must Check their Biases at the Door When Exercising Contractual Rights

In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist overtones of the…

Sep 4, 2020

A Cautious Reopening: Ontario Extends the Deemed COVID-19 Emergency Leave to January 2021

On September 3, 2020, the Ontario government extended the relief for employers from the temporary layoff provisions under the Ontario Employment Standards Act, 2000 (ESA) until January…

Aug 31, 2020

The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption

In Grasshopper Solar Corporation v Independent Electricity System Operator,[1] the Court of Appeal agreed that a contractual party has a right to terminate a contract without paying…

Aug 21, 2020

Multiple Choice: Canada to Replace CERB with New and Revised Income Support Programs for Employees

As Canadian businesses and workers continue to feel the effects of the COVID-19 pandemic, the Canadian government has announced several income support measures. The Canada Emergency Response…

Aug 20, 2020

A Deal’s a Deal: The Enforcement of Settlements

A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc.,[1] released on August 6, 2020,…

Aug 13, 2020

Federal Government Extends the Canada Emergency Wage Subsidy Program: What Employers Need to Know

The Canada Emergency Wage Subsidy (“CEWS”) program was launched in April of 2020 to help mitigate the impact of the COVID-19 pandemic to Canadian employers. Originally intended…

Aug 5, 2020

The Clock is Ticking: The Expiration of the Deemed Infectious Disease Emergency Leave and Next Steps for Ontario Employers

On July 24, 2020, the Ontario state of emergency quietly ended with the passing of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Act”).[1]…

Web Series: Leading Questions – Presented by WeirFoulds Women

Leading Questions is a new biweekly web series that explores everyday legal issues, hot topics in business and professional development, and more. The series is hosted by…

Jul 28, 2020

Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)

In Atlantic Lottery Corporation Inc. v Babstock[1] released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was not a cause…

Jul 27, 2020

Transportation Appeal Tribunal Unable to Consider Costs After Withdrawal

The Federal Court of Canada recently upheld a decision of the Transportation Appeal Tribunal of Canada (“TATC”) finding that the tribunal did not have jurisdiction accept submissions…

Jul 20, 2020

Passenger’s Fall Due to Unsteadiness Not an Accident Under the Convention

The British Columbia Civil Resolution Tribunal (the “BCCRT”) – the equivalent of the Province’s Small Claims Court – recently ruled in favour of an air carrier, dismissing…

Jul 13, 2020

Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle

The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of the rule…

Jul 9, 2020

Ontario Court of Appeal Finds Unenforceable Language in “For Cause” Termination Provision to be Fatal Even When Employee Terminated “Without Cause”

The Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc.[1] was released on June 17, 2020 and is the latest in a series of…

Jul 3, 2020

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