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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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COVID-19 related temporary layoff period extended again for Alberta employees

Prior to the COVID-19 pandemic, Alberta’s Employment Standards Code, RSA 2000, c E-9, stated that employees who were temporarily laid off for one or more periods exceeding, in total, 60 days within a 120-day period were deemed to have been terminated, unless: during the layoff period the employer, by agreement with the employee, pays the […]
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Causation and concurrent causes of business interruption involving COVID-19

Introduction As the coronavirus pandemic (COVID-19) continues to impact businesses, insurance companies continue to face business interruption claims.  As most commercial property policies typically insure against “direct physical loss to the property”, an inquiry into causation is required to determine coverage.  Determining causation and coverage can become more complicated where there are multiple potential causes […]
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COVID-19 vaccination policies: Early employer successes in round two

A number of arbitration awards dealing with COVID-19 vaccination policies were released in late 2021 and early 2022.  While most of these policies were upheld, it remained to be seen how COVID-19 vaccination policies would be viewed once governments started lifting COVID-19 public health measures, and how arbitrators would assess discharges.  Two awards released last […]
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COVID-19: Financial Services update, liquidity and anti-hoarding

While the COVID-19 pandemic is an unprecedented global crisis, the resurgence of the mentality that ‘Cash is King’ is all too familiar. In both the 2008 financial crisis and the downturn in the oil and gas industry beginning in 2014, borrowers sought to increase their liquidity by drawing on their existing credit facilities in an […]
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Critical Ontario COVID-19 update on emergency leave, temporary layoffs and constructive dismissals

By way of a O. Reg 228/20 filed on May 29, 2020 (the “Regulation”) under the Employment Standards Act, 2000 (“ESA”) , the Ontario government has extended the Infectious Disease Emergency Leave to apply to non-unionized employees “whose hours of work are temporarily reduced or eliminated by the employer for reasons related to COVID-19”. The […]
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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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COVID-19 pandemic economic measures for individuals

The federal government recently announced a new set of economic measures to help stabilize the economy during the COVID-19 pandemic. Outlined below are new measures implemented by the federal government, along with expanded existing programs, that are designed to assist Canadians individuals facing financial challenges during the pandemic. Changes to Employment Insurance (“EI”) The EI […]
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Arbitrator finds paid sick leave not required in some COVID-19 situations

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: recently returned from outside of Canada and were required by a federal government mandate to quarantine for 14 days; had been exposed to an individual who […]
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On the front line: Keeping supply chains moving despite COVID-19

Canada’s supply chains must continue to move across the country and around the world, and our clients in the transportation and logistics industries are on the front line in this endeavour. We salute their efforts, recognizing that they face unprecedented challenges as a result of the COVID-19 pandemic.  This bulletin is being written in line […]
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