Appellate Court Strikes Pleading for Failure to Comply with Production Obligations

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…

Ontario Extends Emergency Orders to June 9, 2020

On May 26, 2020 the Ontario government extended most of the emergency orders currently in force under the Emergency Management and Civil Protection Act to June 9, 2020 (O. Reg. 226/20). Some of the emergency orders in place include the closure of non-essential businesses, restrictions on social gatherings of more than five people, and rules…

Ontario Proposes Regulations on Interoperability Specifications that Pertain to Digital Health Assets Selected, Developed or Used by Health Information Custodians under PHIPA

On May 22, 2020, Ontario’s Minister of Health (MOH) issued a notice of proposed regulation pertaining to interoperability specifications for digital health assets under the Personal Health Information Protection Act, 2004 (PHIPA). Under the proposed regulation, a “digital health asset” (DHA) means a product or service that uses electronic means to collect, use, modify, disclose,…

Easing of Ontario Restrictions Continues

On May 19, 2020, the Ontario government filed five Orders under the Emergency Management and Civil Protection Act (EMPCA) which extend the existing Orders and which amend some Orders to further ease the provincial restrictions in place as a result of the COVID-19 declared emergency.

Ontario Passes Amendments to Permit Additional Electronic Beneficiary Designations

On May 12, 2020, the Ontario government introduced and passed Bill 190, COVID-19 Response and Reforms to Modernize Ontario Act, 2020 (Bill 190). Among other changes, Bill 190 amends the Succession Law Reform Act to permit electronic beneficiary designations, and makes a consequential amendment to the Pension Benefits Act (PBA). The amendments permit electronic beneficiary…

Ontario Temporarily Reduces Financial Penalties for Late PBGF Assessments

On April 30, 2020, the Ontario government filed Ontario Regulation 187/20 amending Regulation 909 made under the Pension Benefits Act. This amendment allows for significantly reduced financial penalties for late payment of a Pension Benefits Guarantee Fund (PBGF) assessment. Normally, an employer who fails to pay a PBGF assessment by the assessment date must pay…

Ontario Proposes Regulations on Reporting Obligations of Health Information Custodians under PHIPA and on Electronic Health Records

On May 2, 2020, Ontario’s Minister of Health issued notice of proposed regulations that (1) provide clarity on the existing reporting obligations of Health Information Custodians under the Personal Health Information Protection Act, 2004 (PHIPA) and (2) empowers Ontario Health to develop and maintain amalgamated Electronic Health Records (EHRs) while refining the rules relating to…