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Feb 26, 2021

Handle with Care: Joint Document Books in Civil Trials

Two cases that the Ontario Court of Appeal decided in the last year illustrate how much thought and care must go into preparing a Joint Document Book…

Amendments to the Expropriations Act Proposed Under Bill 245

The Ontario government has proposed a number of changes to the Expropriations Act under Bill 245, the “Accelerating Access to Justice Act, 2021”. Bill 245 would enact…

Feb 24, 2021

Reasonable, or Unreasonable? That is the Question – Using Discretion in Construction Projects Should be Reasonable

On February 5, 2021, the Supreme Court of Canada (“SCC”) released its decision in Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District[1] (“Wastech”). This decision…

Feb 18, 2021

Fair is Fowl and Fowl is Fair: Implications of the Ontario Court of Appeal’s Decisions in Subway v CBC

The Ontario Court of Appeal recently released two decisions under Ontario’s anti-SLAPP (Strategic Litigation Against Public Participation) legislation: Subway Franchise Systems of Canada, Inc. v Canadian Broadcasting Corporation, 2021…

Feb 17, 2021

Here’s the Drill: Strategic Procurement – Drawbacks of Using Nonnegotiable Supplementary Conditions in RFPs

Requests for proposals (“RFPs”) are a popular procurement model for those looking to hire a construction contractor. RFPs will commonly stipulate the form of contract the owner…

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,…

Feb 11, 2021

New Changes to Lockdown Rules Permit Additional Construction Activities

The State of Emergency in Ontario was lifted by the government of Ontario on Tuesday February 9, 2021. Despite this promising development, this does not mean that…

Feb 9, 2021

An Ounce of Prevention: Ten Questions for Employers to Help Assess their Compliance with Employment Laws

Employers have faced no shortage of challenges and obstacles in complying with employment and workplace laws and regulations, particularly given the rapidly shifting employment landscape and ever-changing…

Jan 29, 2021

The Home Construction Regulatory Authority Replaces Tarion as Regulator of Ontario’s Homebuilding Industry

Big changes to the licensing and regulation of Ontario’s homebuilding industry are here. Effective February 1, 2021, a new stand-alone regulator called the Home Construction Regulatory Authority…

Reflections on Half a Century in the Commercial Litigation Trenches: Part II

Click here to read Part I. Arnup Leaves and an Offer Is Made Shortly after I joined WeirFoulds, John Arnup left the firm for the Court of…

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…

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…

Jan 18, 2021

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…

Jan 16, 2021

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…

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 12, 2021

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,…

Jan 6, 2021

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…

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…

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An Ounce of Prevention: Ten Questions for Employers to Help Assess their Compliance with Employment Laws

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