Publications

Sep 27, 2021

Navigating Subrogation in Quebec

Over the past several years, Senior Associate Marie-Pier Nadeau has handled subrogated claims across Canada. The province of Quebec is by far the jurisdiction which attracts the…

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 24, 2021

MDS Inc. v. Factory Mutual Insurance Company: Implications for COVID-19 Business Interruption Litigation

A recent Ontario Court of Appeal decision provides guidance for businesses and insurers involved in litigation about the inability to use machinery due to COVID-19 lockdowns. MDS…

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

Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead

Following the Supreme Court of Canada’s highly anticipated decision in Uber Technologies Inc. v Heller, 2020 SCC 16, on August 12, 2021, the Ontario Superior Court of Justice…

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 1, 2021

Ontario Extends COVID-19 Employee Paid Infectious Disease Emergency Leave Program

In response to rising COVID-19 cases driven by the Delta variant, the Ontario government has extended its COVID-19 paid infectious disease emergency leave program until the end…

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 26, 2021

Extreme Family Disfunction: Unintended Consequences in a Winding-Up Case

Some cases are noteworthy for the precedent they set. Others for the story they tell. Libfeld v. Libfeld 2020 ONSC 4670 has both. The Court has broad jurisdiction to…

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

Here’s the Drill: Commingling of Funds – Carillion Canada

On June 28, 2021, the Court of Appeal for Ontario released a decision dealing with an insolvent contractor and the complications that arose when the funds it…

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…

Aug 12, 2021

Ch-ch-ch-changes: New Rules for Method of Attendance in Ontario Actions

Following the extensive civil rule changes that became effective January 1, 2021 to provide for more electronic court processes – in part a reaction to COVID-19 –…

Jul 29, 2021

Not So Fast: Contractual Rights May Be the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members

For insights into the Court of Appeal’s decision, check out our post “Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary…

Jul 27, 2021

Canada Keeps the CERS Cash Rolling, but Slows the Flow with the Program’s End in Sight

As part of the 2021 budget, the federal government has made some noteworthy changes to the Canada Emergency Rent Subsidy (“CERS“) program in anticipation of an economic…

Lien Rights: To Assign or Not to Assign (Should you ask the question?)

Assignment of lien is a powerful but underused section of Ontario’s Construction Act. Assignment allows a party with lien rights to transfer their rights (and rights to…

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…

Jul 15, 2021

You Might Regret That Text: Text Messages and Limitation Periods in Ontario

While the legal profession is grounded in tradition and ceremony, COVID-19 has forced courts to acknowledge the reality of the increasingly virtual way that we do business.…

Jul 12, 2021

Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident

In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court…

Federally Regulated Employers Take Note: Upcoming Obligations for Equal Pay for Work of Equal Value Under the Pay Equity Act

Coming into force on August 31, 2021, the Government of Canada’s Pay Equity Act (the “Act”) is part of a framework for long-term changes to ensure that…

Jul 1, 2021

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

Not So Fast: Contractual Rights May Be the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members

You Might Regret That Text: Text Messages and Limitation Periods in Ontario

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Publications

Navigating Subrogation in Quebec

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

MDS Inc. v. Factory Mutual Insurance Company: Implications for COVID-19 Business Interruption Litigation

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

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

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

Where to? Another Trip for Uber as the Heller v Uber Technologies Inc. Class Action Drives Ahead

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

Ontario Extends COVID-19 Employee Paid Infectious Disease Emergency Leave Program

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

Extreme Family Disfunction: Unintended Consequences in a Winding-Up Case

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

Here’s the Drill: Commingling of Funds – Carillion Canada

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

Ch-ch-ch-changes: New Rules for Method of Attendance in Ontario Actions

Not So Fast: Contractual Rights May Be the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members

Canada Keeps the CERS Cash Rolling, but Slows the Flow with the Program’s End in Sight

Lien Rights: To Assign or Not to Assign (Should you ask the question?)

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

You Might Regret That Text: Text Messages and Limitation Periods in Ontario

Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident

Federally Regulated Employers Take Note: Upcoming Obligations for Equal Pay for Work of Equal Value Under the Pay Equity Act

The Court of Appeal Weighs in on Representation Orders in Small Claims Court: Kelava v. Spadacini

You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario

Modernizing the Ontario Business Corporations Act: Amendments Proclaimed

Staying Administrative Proceedings Due to Delay: Is the Law Changing?

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

If a debt is outstanding, but not enforceable in court… is it really a debt?

Change of Plans – New Amendments to Ontario’s Planning Act and their Impact on Commercial Leasing

Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?

Web Series: Leading Questions – Presented by WeirFoulds Women

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

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

Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel

Policy, not law: the Divisional Court discusses the Clergy principle

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