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Introduction The worldwide number of COVID-19 cases is growing daily, with nearly two million currently active cases.[1]  Of those cases, approximately 27,000 are within Canada.[2]  As the pandemic continues worldwide, more claims have and will be made to insurers regarding COVID-19 losses.  Although some losses will be denied coverage, there will likely be indemnification in […]

Two U.S. courts have recently released decisions regarding insurance policies and restaurant closures due to the COVID-19 pandemic. In both of those cases, the courts found for the restaurants and against the insurance companies. In this article, we will briefly review the decisions and discuss, in light of these decisions, some key considerations for Canadian […]

In part one of this two-part series on transitioning from COVID-19 workplace mandates, we covered the latest and upcoming changes to COVID-19 workplace safety requirements in British Columbia. In part two, we explain what these changes mean in light of other statutory responsibilities employers have pertaining to workplace safety and employees with medical conditions, including […]

The Employment Standards Regulation, BC Reg 396/95, has been amended to create an unpaid leave for employees who require leave to be vaccinated against COVID-19 or to assist a dependant who is being vaccinated against COVID-19. The length of the leave is not specified.  The legislation simply states, “An employee is entitled to leave under […]

On March 17, 2021, the provincial government published guidance for businesses and employees with respect to voluntary, supervised self-swabbing for COVID-19 via rapid antigen point-of-care tests. These tests can be performed at workplaces by trained individuals and do not require shipping a specimen to a lab for processing. This guidance will make it easier for […]

On July 30, 2021, the federal government proposed a variety of extensions to existing COVID-19 support programs for businesses and workers. The proposed changes are summarized below. For employers  The government has proposed extending the Canada Emergency Wage Subsidy, the Canada Emergency Rent Subsidy and Lockdown Support until October 23, 2021. In addition, the rate […]

The arrival of the full effects of COVID-19 to North America has provided a sobering reminder of why certain provisions are included in construction contracts. These provisions may not be ones that parties would focus on in ordinary times (as discussed in our last article); however, these are not ordinary times. This article discusses the […]

As a result of the emergence of the Delta variant, the Government of Ontario is taking steps to increase protection for the most vulnerable populations, including frail seniors, immunocompromised individuals and young children who are not yet eligible for vaccination. The Government of Ontario’s actions include: COVID-19 vaccination policies for high-risk settings To protect vulnerable […]

In a recent Saskatchewan arbitration decision, UFCW, Loc. 1400 v P&H Milling Group, it was decided that an employer was not required to pay sick leave to employees who: In all instances, the employees admitted they were not suffering from COVID-19 symptoms nor did any of them subsequently develop COVID-19 in relation to these events. […]

On May 11, 2021, the British Columbia Government introduced legislation to amend the B.C. Employment Standards Act to give employees paid leave in the event they need to be away from work due to COVID-19: Bill 13 – 2021: Employment Standards Amendment Act (No. 2), 2021. If Bill 13 passes, the new COVID-19-related paid leave […]