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Publications

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Apr 22, 2020

Further Details on the Canada Emergency Wage Subsidy: Applications Process to Open April 27, 2020

Prime Minister Trudeau has provided further information regarding the federal government’s response to the COVID-19 pandemic, including updates to the Canada Emergency Wage Subsidy (“CEWS”) program. The…
Apr 20, 2020

Duty to Report and COVID-19

As a regulatory body that regulates professions, you may be receiving questions from your registrants about whether they have a legal obligation to report personal health information…

Guidelines on the Territorial Scope of the General Data Protection Regulation

Executive Summary Regulation on data protection and privacy in the European Union (“EU” or “Union”) is governed by the General Data Protection Regulation (“GDPR” or “Regulation”). On…

Regulated Health Professionals are Open for Business

Introduction Ontario is under a state of emergency in response to the COVID-19 pandemic. Can regulated health professionals provide services remotely during the state of emergency? Our…
Apr 17, 2020

Changes in Land Use Planning and Development in Ontario Including Planning Act Timelines in the Face of an Emergency

On March 17, 2020 Ontario declared an emergency under the Emergency Management and Civil Protection Act in response to the COVID-19 coronavirus disease. This emergency declaration has…
Apr 16, 2020

Ontario Regulators and COVID-19

This bulletin is intended to provide a few highlights of some of the steps the province has taken in the face of COVID-19.[1]  It also provides some…
Apr 15, 2020

New CSA, TSX, TSX-V and Legislative Measures Provide Guidance to Public Companies

To mitigate the spread of COVID-19, Public Health Ontario recommends practicing physical distancing, which includes avoiding large gatherings. In light of these recommendations, reporting issuers must re-consider…

Tips for Preparing for E-Litigation

E-litigation—litigation that is either paperless or virtual—is the way of the future. This was already becoming true when we conducted the first paperless trial in the history…

Transportation Notes:Proposed Class Action Claims Refunds for COVID-19 Cancellations

Air Canada, WestJet, Air Transat, Sunwing, and Swoop are facing a proposed class-action for offering vouchers and credits in lieu of refunds for flights that were cancelled…
Apr 13, 2020

Helping Employers Understand the Canada Emergency Wage Subsidy

On April 11, 2020, the COVID-19 Emergency Response Act, No. 2, which includes the Canada Emergency Wage Subsidy (the “CEWS”), received Royal Assent and is now available…

The Impact of COVID-19 on Estate Planning and Administration

In a matter of weeks, the COVID-19 outbreak has changed the world in completely unprecedented ways. The vast majority of us are staying home and practicing social…

The Uncertainty is Over: It is Time to Register Your Liens and Allow Holdback to be Released

From the moment the Government of Ontario declared a state of emergency—closing all non-essential business and suspending limitation periods and the timelines for taking steps in legal…
Apr 6, 2020

Ford Government Tightens Lockdown on Ontario Businesses: New Truncated List of Essential Workplaces Released

On Friday April 3, 2020, the Ontario provincial government released a new, truncated list of essential workplaces exempted from the mandatory emergency closure order. This measure was…
Apr 2, 2020

The Canada Emergency Wage Subsidy: What All Employers Need to Know

On April 1, 2020, Finance Minister Bill Morneau provided details regarding the federal government’s Canada Emergency Wage Subsidy that was initially announced on March 27, 2020. Consistent…
Mar 30, 2020

Blanket Relief for Certain Regulatory Filings as a Result of COVID-19

As previously discussed, the Canadian Securities Administrators (the “CSA“) issued notices laying out measures the CSAs would take in order to assist market participants with the challenges…
Mar 27, 2020

COVID-19: Real Estate Update

As of Tuesday, March 24, 2020 all of Ontario’s “non-essential services” were required to close in response to the growing COVID-19 pandemic in the province. This mandatory…
Mar 26, 2020

Navigating Ontario’s Closure of Non-Essential Businesses

On March 24, 2020, the Ontario provincial government passed Regulation 82/20 under the Emergency Management and Civil Protection Act. This regulation ordered the closure of all “non-essential”…
Mar 25, 2020

Tax-Effective Charitable Giving: RRSPs and RRIFs, Public Securities and Life Insurance

While the most common method of philanthropic giving is a gift of cash, Canadians should note other options for giving to charity both during their lifetimes and…
Mar 23, 2020

Ontario Litigation Update: COVID-19

COVID-19 is impacting all aspects of life including Ontario’s Courts. Thanks to the hard work, and responsiveness of the various justices, court staff, legislators, and other stakeholders…

Privacy in the AI Era? OPC Launches Consultation on Regulation of AI

American writer Kurt Vonnegut once penned the line, “You asked the impossible of a machine and the machine complied.” Our society has voraciously devoured the possibilities offered…

Protecting Limitation Periods During COVID-19

The last two weeks have been unprecedented for every person and business in Canada. Courts across Canada have been shutting down many of their operations in order…
Mar 20, 2020

Municipal Business in the Face of an Emergency: Ontario Enacts the Municipal Emergency Act, 2020

Yesterday, the Ontario government enacted the Municipal Emergency Act, 2020  which amends the Municipal Act, 2001 and the City of Toronto Act, 2006 to provide that, during…

A Novel Type of Leave in the Wake of COVID-19: The Ontario Government’s Changes to the Employment Standards Act, 2000

On March 19, 2020, in response to the COVID-19 pandemic, the Ontario Legislature passed Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 (”Bill 186”).…

COVID-19 Updates: Canadian Securities Regulators and Exchanges

As the world fights to stop the spread of COVID-19 by implementing social distancing measures, companies are faced with the challenges of ensuring the health and safety…

Keeping the Lights On: Preventing and Responding to Work Refusals in the Wake of COVID-19

While some employers have chosen to temporarily suspend operations, or have been ordered to do so, in response to the COVID-19 pandemic, many others, will do their…
Mar 19, 2020

Don’t Let Notice Requirements in Your Construction Contracts Go Unnoticed

Notice as a Prerequisite to Claims under Construction Contracts Construction projects will be impacted by COVID-19. Although you might not know exactly how your project will be…

A New Cause of Action: The Supreme Court Expands the Scope of Corporate Liability for International Human Rights Violations

On February 28, 2020, the Supreme Court of Canada released its decision in Nevsun Resources Ltd. v Araya,[1] in which it held that a Canadian corporation could…
Mar 18, 2020

A Shot in the Arm: Canada Announces Sweeping Stimulus Measures to Assist Employees and Businesses

In the last two days the federal and Ontario provincial governments have announced proposed substantial emergency legislation in response to the COVID-19 pandemic. On March 16, 2020,…
Mar 17, 2020

COVID-19: Time to Check your Construction Contract’s Force Majeure Clause

If you are considering submitting a claim in respect of delays caused by the COVID-19 outbreak, or if you have already received notice in respect of the…
Mar 16, 2020

Preparing Your Workplace to Respond to COVID-19: Questions and Answers for Employers

The World Health Organization has declared COVID-19 a pandemic, and in Canada the various levels of government in each jurisdiction have taken significant steps to control and…
Mar 10, 2020

COVID-19: Commercial Leasing Considerations

The coronaviruses are a large family of viruses that can cause illnesses ranging from the common cold to more serious respiratory infections. COVID-19 is a form of…
Mar 9, 2020

Lessons From the Conflict of Interest Decision of the Integrity Commissioner

On March 5, 2020, the Integrity Commissioner, the Honourable J. David Wake, made a conflict of interest determination about the recent appointment to the Ontario Human Rights…
Mar 3, 2020

Appeal Dismissed: There Was No Other Explanation for the Fire, but There Was Also No Expert Evidence…

One would expect, when hiring a plumber, that the plumber will not cause a fire when using a blowtorch and solder. If a fire breaks out shortly…
Mar 2, 2020

Clearing the Track: Ontario’s Proposals to Speed Transit Construction in the Building Transit Faster Act

The Ontario Government introduced Bill 171, An Act to enact the Building Transit Faster Act, 2020 and make related amendments to other Acts, on February 18, 2020.…
Feb 28, 2020

Proposed Regulatory Matters Pertaining to Community Benefits Authority Under the Planning Act, the Development Charges Act, and the Building Code Act

The Ministry has released the regulatory proposal on the proposed components of a new community benefits charge authority for public comment. There is a 31-day consultation period…
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