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In two decisions released last week, labour arbitrators ruled upon the enforceability of workplace COVID-19 vaccination policies. In one decision,[1] the arbitrator upheld the employer’s policy as reasonable. In another,[2] an employer’s vaccination policy was found to be unreasonable.  These decisions provide a useful indication of how decision-makers are likely to approach the adjudication of […]

The amendments to the Ontario Personal Property Security Act (“PPSA”) and the Electronic Commerce Act that enable perfection by control of electronic chattel paper  (“ECP”)  came into  force on May 15, 2020. This is an especially important change during the COVID-19 emergency for parties that have been creating contracts to finance or lease  vehicles, equipment and other […]

Authored by Miller Thomson’s Helen D.K. Friedman Part one of this series looked at the Supreme Court of Canada’s (SCC) approach to determining insurance coverage for infectious disease in its decision in Gibbens v. Co-operators Life Insurance Company 2009 SCC 59. In part two, we continue to examine the SCC’s reasoning in Gibbens. Read the […]

Further to a press release issued by the Government of Saskatchewan on September 28th, 2021, effective October 1, 2021, everyone seeking access to a range of Saskatchewan businesses and venues will require proof of vaccination against COVID-19 or a negative COVID-19 test result.[1] Saskatchewan employers may also require employees to provide proof of vaccination or […]

On October 6, 2021, Monte McNaughton, the Minister of Labour, Training and Skills Development, announced a number of proposed changes that, if passed, will help employers across the province of Ontario cope with the economic hardship imposed by the COVID-19 pandemic. Minister McNaughton expressed that the intention of these changes is to save employers hundreds […]

The COVID-19 pandemic has created an unprecedented challenge for federal and provincial governments and other public health organizations in Canada. To respond in a timely and effective manner, government organizations require greater access to, and an enhanced ability to use, personal information and personal health information. Both federal and provincial privacy legislation contain specific provisions […]

Resource companies that have issued flow-through shares shortly before or during the global COVID-19 pandemic may have faced difficulties, including the shutdown of mines, incurring eligible resource expenses within the normal timelines required under the Income Tax Act (Canada) (the “Tax Act”). The Tax Act allows for the renunciation of certain eligible resource expenses (“Eligible […]

As the COVID-19 pandemic continues to take a toll on the Canadian economy, many continue to need additional financial relief to help them survive the negative impact of the pandemic on their business and their corresponding cash flow. By now we are familiar with the financial support and lending programs that have been introduced by […]

On September 22, 2021, the Ontario Human Rights Commission (the “OHRC”) released a policy statement on COVID-19 vaccine mandates and proof of vaccine certificates. The OHRC’s statement provides welcome guidance for businesses looking to implement proof of vaccination requirements for workers and customers. Vaccine requirements are “generally permissible” In its statement, the OHRC takes the […]

Class actions promote litigation efficiency and access to justice, but they can also create built‑in tension between different groups of plaintiffs. For counsel and parties considering a class proceeding, an important question is whether one class definition can fairly capture everyone’s interests. Ingram v. Alberta[1] (“Ingram”), shows how the Alberta Court of King’s Bench (the […]