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In Aldergrove Duty Free Shop Ltd. v. MacCallum, the British Columbia Court of Appeal (“BCCA”) dismissed an appeal of the trial judge’s decision that found the defence of frustration was not established on the basis of the Federal Government’s decision to close the border between Canada and the United States of America for non-essential travel […]

In Benke v Loblaw Companies Limited, 2022 ABQB 461, the Court of Queen’s Bench of Alberta weighed in on the effect of an employee’s unpaid suspension, as a result of his failure to follow a COVID-19 masking policy, on the employment relationship. The Court expressly held that the imposition of a mask policy was not […]

As we progress through the COVID-19 pandemic, we are seeing more businesses adopt a hybrid model workplace with some employees returning to the office and others continuing to work from home. With this new model likely to become the norm for many employers, it’s important to review and update your current policies and procedures to […]

Minister of Labour, Seamus O’Regan Jr., has announced the Federal Government’s intention to make COVID-19 vaccination mandatory for almost all federally regulated workplaces. These workplaces include, amongst others, banks, interprovincial road transportation, postal and courier services, radio and television broadcasting, telecommunications, grain elevators, feed and seed mills, uranium mining and atomic energy. These measures, which […]

Condominium corporations are tasked with the difficult responsibility of managing the property and assets of the corporation on behalf of the various condominium owners and balancing the competing interests and needs of such owners. What happens in the scenario where a unit owner is in default of the mortgage registered against their condominium unit, and […]

On April 6, 2021, Ontario passed Regulation 251/21 under the Corporations Act, further extending the temporary legislative provisions permitting Ontario not-for-profit Corporations to hold Member, Board and Board Committee meetings electronically from May 31, 2021 until December 31, 2021. These changes were originally introduced in May 2020 and further extended in October 2020.  With the […]

The Government of Ontario announced plans to raise minimum wage in response to increased costs of living during the COVID-19 pandemic. They propose to increase the general minimum wage from $14.35 to $15.00 per hour, effective January 1, 2022. If passed, a full-time worker making the general minimum wage could see an annual earnings increase […]

One of the many issues arising from the coronavirus (COVID-19) pandemic is whether business losses resulting from mandatory and voluntary shut-downs will be covered under business interruption coverage.  Most business interruption policies require direct loss or physical damage to property in order to trigger coverage, which can be a wide-ranging inquiry.  Interesting questions arise when […]

On November 29, 2024, the Regulations Amending Certain Regulations Made under the Food and Drugs Act (Agile Licensing) were published in the Canada Gazette, Part 2. These amendments introduce a series of updates to the Food and Drug Regulations (the “FDR”) and the Medical Devices Regulations to modernize them, increase alignment with international regulatory schemes, […]

While truly an understatement, over the last two years society has undergone significant change. We have rising inflation.  We have seen COVID-19’s transformational effects on public health, the economy and the workplace. We have a growing understanding of mental well-being and the impact it has, not only on ourselves, our family, friends and colleagues, but […]