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Subrogating against government authorities for COVID-19 losses
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 […]
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Policyholders emerge victorious in recent COVID-19 claims
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 […]
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B.C. introduces COVID-19-related paid leave and paid sick leave
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 […]
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Part two: Workplace considerations post-COVID-19 workplace mandates
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 […]
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Ontario Government provides guidance for workplace COVID-19 testing
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 […]
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Federal Government lifting COVID-19 travel requirements as of October 1
The Public Health Agency of Canada (“PHAC”) has announced that effective October 1, 2022, the Government of Canada will remove all remaining COVID-19 entry restrictions at the border and with regard to travel by air, rail, and cruise ship. This includes the removal of random testing, proof of vaccination, quarantine, and isolation requirements that currently […]
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Saskatchewan Court of Queen’s Bench loosens COVID-19 restrictions
The Saskatchewan Court of Queen’s Bench is set to resume many operations that were suspended in March due to the COVID-19 pandemic. On April 23, 2020, the Court released a new directive outlining how it plans to restart some of the previously postponed processes. Chambers applications to resume June 1 Effective June 1, 2020, the […]
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Enforceability of e-signatures during COVID-19 pandemic
While the COVID-19 pandemic is having an enormous impact on Canadian organizations, including those within the charitable and non-profit sector, they must continue to operate despite the “physical distancing” measures imposed by the government. This is especially true given that charities and non-profits are seeing an increased need and demand from beneficiaries for support and […]
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Pennsylvania court decision discusses physical damage aspect of COVID-19
Introduction One of the biggest considerations with respect to whether COVID-19 related losses will be covered by business interruption insurance is whether those losses can be considered “physical loss” or “damage”. Although unrelated to the interpretation of an insurance policy, a recent decision out of Pennsylvania’s high court[1] may be of some interest in this […]
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Claiming home office expenses due to the COVID-19 pandemic
The Canada Revenue Agency (the “CRA”) announced in December new measures designed to simplify the ability of taxpayers to deduct employment expenses related to remote working. These new measures are a simplified method to calculate the deduction with a flat rate, two simplified forms and modifications to the requirements of eligibility to claim such expenses. […]
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