Defamation: Recommendations for Reform.
Defamation law protects reputation from harm caused by false words. The law attempts to balance two conflicting yet fundamental values: protection of reputation and freedom …
Litigation
Constructive Dismissal and Common Law During COVID-19
Constructive dismissal occurs when an employer unilaterally makes a substantial change to the terms of an employment agreement or demonstrates an intention to no longer …
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Court of Appeal Rules on Unenforceability of Termination Clause.
It is well-accepted law that an employee cannot contract out of their termination entitlements under the Employment Standards Act, 2000 (“ESA”). This principle has often …
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CECRA & The Protecting Small Business Act
The Protecting Small Business Act, 2020 (the “Act”) received royal assent and took effect on June 18, 2020. The legislation prevents landlords who have not …
COVID-19: Reopening Liability
Ontario’s premier Doug Ford confirmed on Tuesday that the provincial government is considering granting some degree of immunity from civil law suits related to the …
COVID-19: Amendment to the Infectious Disease Emergency Leave
On June 1, 2020, the provincial government announced the enactment of an amendment to the Infectious Disease Emergency Leave. Under this amendment, all non-union employees …
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COVID-19: Reopening Ontario
As the rate of recovery from COVID-19 exceeds the rate of new infection, the Province of Ontario has begun to implement preliminary measures to gradually …
COVID-19: Force Majeure vs Frustration of Contract
In the context of COVID-19, the ongoing performance of contracts has become difficult for many individuals and commercial parties. Some have had travel plans cancelled, …
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COVID-19: Ontario Releases Back to Work Guidelines.
With businesses across the province doing their part to help “flatten the curve”, Ontario is starting to emerge from the pandemic as a success story. …
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