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Article

WeirFoulds LLP | Canada | 21 Sep 2020

Parties Must Check their Biases at the Door When Exercising Contractual Rights

In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist…
Article

WeirFoulds LLP | Canada | 4 Sep 2020

A Cautious Reopening: Ontario Extends the Deemed COVID-19 Emergency Leave to January 2021

On September 3, 2020, the Ontario government extended the relief for employers from the temporary layoff provisions under the Ontario Employment…
Article

WeirFoulds LLP | Canada | 25 Aug 2020

The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption

In Grasshopper Solar Corporation v Independent Electricity System Operator, the Court of Appeal agreed that a contractual party has a right to…
Article

WeirFoulds LLP | Canada | 21 Aug 2020

Multiple Choice: Canada to Replace CERB with New and Revised Income Support Programs for Employees

As Canadian businesses and workers continue to feel the effects of the COVID-19 pandemic, the Canadian Government has announced several income…
Article

WeirFoulds LLP | Canada | 19 Aug 2020

A Deal’s a Deal: The Enforcement of Settlements

A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc., released on August 6…
Article

WeirFoulds LLP | Canada | 13 Aug 2020

Federal Government Extends the Canada Emergency Wage Subsidy Program: What Employers Need to Know

The Canada Emergency Wage Subsidy (“CEWS”) program was launched in April of 2020 to help mitigate the impact of the COVID-19 pandemic to Canadian…
Article

WeirFoulds LLP | Canada | 5 Aug 2020

The Clock is Ticking: The Expiration of the Deemed Infectious Disease Emergency Leave and Next Steps for Ontario Employers

On July 24, 2020, the Ontario state of emergency quietly ended with the passing of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020…
Article

WeirFoulds LLP | Canada | 27 Jul 2020

Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)

In Atlantic Lottery Corporation Inc. v Babstock released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was…
Article

WeirFoulds LLP | Canada | 10 Jul 2020

Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle

The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of…
Article

WeirFoulds LLP | Canada | 9 Jul 2020

Ontario Court of Appeal Finds Unenforceable Language in “For Cause” Termination Provision to be Fatal Even When Employee Terminated “Without Cause”

The Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc.[1] was released on June 17, 2020 and is the latest in a series of…
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