Practice Area: Litigation

Ontario Moves Forward with Amendments to the Class Proceedings Act, 1992

· 2 min read

Recent reforms to Ontario’s class action regime will come into effect on October 1, 2020. Ontario’s Smarter and Stronger Justice Act, 2020 (Act), which received Royal Assent on July 8, 2020, amends various statutes related to the province’s courts and justice system. Schedule 4 of the Act makes significant revisions to the Class Proceedings Act,…

Supreme Court of Canada Dismisses Uber Appeal – Proposed Class Action Can Now Proceed in Ontario Courts

· 10 min read

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller and dismissed an appeal of the Ontario Court of Appeal’s decision which held that the arbitration clause in Uber’s standard form services agreement (Agreement) was invalid both because it was unconscionable and because it contracted out of mandatory provisions of the Employment Standards Act, 2000 (ESA). We previously reported on the Court of Appeal decision.

Appellate Court Strikes Pleading for Failure to Comply with Production Obligations

· 3 min read

The Ontario Court of Appeal has upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to comply with judicial orders to produce requested relevant documents. In Falcon Lumber Limited v. 2480375 Ontario Inc. (GN Mouldings and Doors), the Court articulates the core principles and…

Access To and Use of PPE Governed by CMOH Directive 5: An Inherent Balancing Act Confirmed by Arbitrator Stout

· 8 min read

In an award dated May 4, 2020, Arbitrator Stout addressed, among other things, critical aspects of the CMOH’s Directives respecting access to and use of personal protective equipment (PPE). In this HR HealthCheck, we provide an overview of this significant award (Award), a decision of notable impact to health care providers and health care workers alike, in both the Hospital and Long-Term Care sectors.

The Orders Made Under the Emergency Management and Civil Protection Act in Light of COVID-19 – What Are They?

· 5 min read

Editor’s Note on July 27, 2020: With the proclamation of Bill 195 on July 24, 2020, the declared emergency came to an end. Many of the orders below, however, will continue in effect under Bill 195 in accordance with its provisions. This post will no longer be updated. On March 17, 2020, the Ontario government…

Ontario Amends the ESA to Extend Employee Protections in Response to the COVID-19 Pandemic

· 7 min read

On March 19, 2020, the Ontario Legislature met in an emergency session to pass legislation to extend protections for employees in light of the COVID-19 pandemic. Bill 186, the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020 amends the leaves of absence provisions of the Employment Standards Act, 2000 (ESA) to provide more leave entitlements to employees impacted by the pandemic and to prohibit employers from requesting medical notes in relation to the new leave.

Update on COVID-19 for Employers: Ontario to Amend the ESA to Protect Jobs

· 19 min read

Today, the Ontario government announced that it will be introducing legislation to amend the Employment Standards Act, 2000 (ESA) in light of COVID-19. In addition, the federal government announced, among other things, that the Canadian border will be closed to foreign nationals, with some exceptions.

Update: COVID-19 – Questions and Answers for Employers

· 5 min read

As we learn more about the Novel Coronavirus (2019-vCoV or Coronavirus), employers will no doubt be contemplating the potential implications of this virus on their workplaces. We have set out below some of the emerging questions that employers may have right now and our answers and guidelines for how to address these issues.