Discussion re: Munro v. James (BCSC) Francis J.

The BC Supreme Court released a decision in 2020 that speaks to the somewhat unusual situation of a testator who has contracted away her right to change her will, even more unusual in its coming to light while all parties were still alive, and with the particular terms of the agreement. In this case a […]
Deadlines in Court Orders

The recent Ontario Superior Court decision of Devine v. Devine, 2021 ONSC 40 reminds us all of the importance of timelines and deadlines in family law matters. This specific issues in this case was health and dental benefits. Most married spouses can continue to provide coverage under health plans even after separation, as long as […]
Judicial Notice of COVID-19 Facts

When parties want to rely on facts in court they need to prove them with evidence. However, some facts are so well known that judges can take “judicial notice” of them instead of requiring proof. R. v Find, 2001 SCC 32 tells us that: “a court may properly take judicial notice of facts that are […]
Can I Fire Employees Who Refuse to Be Vaccinated? Kinda, Sorta, Maybe…

With the rollout of Moderna and Pfizer vaccines, employers and most employees are looking forward to a return to some semblance of normalcy and, for many, a return to the workplace for all. With vaccine hesitancy, the anti-vaxxer movement and employees’ simply wishing to continue to work from home forever, employers are rightly concerned about […]
Restrictions on Businesses and Health Measures Under the New Ontario Emergency Order

On January 12, 2021, in response to an alarming rise in active COVID-19 cases across the province and to prevent the further depletion of hospital resources and overwhelming of our intensive care units, the Ontario Premier declared a second provincial emergency, which will continue for at least 28 days. Additionally, the government issued a stay-at-home […]
How Do Unions Form and Become Certified in Ontario?

With the economic downturn resulting from COVID-19, employees and unions are looking to secure their future place in the workplace. One question we are often asked is how do unions form and become certified in Ontario. The process of unionizing often begins with one employee. He or she will meet with a union business agent […]
Annual General Meetings for Federal Corporations, Not-for-Profits and Cooperatives During the Pandemic (update as of January 1, 2021)

The extension of the deadline for federal businesses, not-for-profits and cooperatives to call annual general meetings (“AGM”) and to present financial statements, as issued by the Minister of Innovation, Science and Industry in March, 2020, has ended. The pre-pandemic rules surrounding meetings and financial statements have been reinstated. Such businesses and organizations must hold an […]
But I Don’t Want the Job…

There are certain decisions that cover so many issues, that you know, from the first time that you read them, you will be coming back to them again. Justice Muszynski’s recent decision in Hickey v. Christie & Walther Communications Limited, 2020 ONSC 7214 (CanLII) is one of those decisions. The case is, at its core, […]
Lockdown without Shutdown: The New Ontario Small Business Support Grant

To prevent the province’s already-inundated hospitals from becoming further overwhelmed by the forecasted spike in COVID-19 cases due to holiday gatherings, the Ontario government has announced yet another province-wide lockdown, effective December 26, 2020 at 12:01am. Nearly all non-essential businesses in southern Ontario will be required to close their doors until January 23, 2021, and […]