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Considerations for Franchisors and Franchisees During the COVID-19 Pandemic

As the COVID-19 pandemic persists, franchisors and franchisees may be uncertain as to their rights and obligations under their existing franchise agreements and in providing and receiving disclosure documentation upon renewal, resale and entering into new franchise agreements. Continuous Operation Franchisees who have or may temporarily close their businesses as a result of the COVID-19 […]

Why COVID-19 Should Not Extend Most Notice Periods

In the employment law blogosphere, there is much chatter about whether the COVID-19 pandemic extends periods of reasonable notice. As a lawyer who represents employees and employers, I’ve been thinking a lot about it and reading up on the top blogs. A lot of employment counsel surmise that much like notice periods generally, it will […]

I Want to Reopen My Ontario Business: Getting My Workforce Back

Employers looking to reopen must first turn their minds to recalling employees from their temporary lay-offs. When must I do it? Lay-offs are governed by the Employment Standards Act, 2000 and can generally only last 13 weeks. In cases where the employer continues to make substantial payments during the layoff (EI top-up, healthcare benefits, other […]

Holding Annual Director and Shareholder Meetings During the COVID-19 Pandemic (updated August 14, 2020)

By law, under normal circumstances, Ontario and federally incorporated corporations and not-for-profits are required to hold a meeting of shareholders no later than 18 months after incorporation and every 15 months thereafter and no later than six months after the corporation’s most recent financial year-end. During annual meetings, shareholders typically review and discuss the corporation’s […]

Not Out of the Woods Yet: State of Emergency and Court Closures to Continue

While data indicate that Ontario is “flattening the curve”, COVID-19 measures will remain in place for some time to come. State of Emergency On March 17, 2020 (the last day this blogger was seen in the office), Premier Ford announced a state of emergency under the Emergency Management and Civil Protection Act. This legislation is […]

What Does “Urgent” Mean in Family Court During COVID-19

The COVID-19 pandemic seriously limited the Ontario Superior Court of Justice’s ability to adjudicate family law disputes. Currently, the Court will only hear specific urgent issues and orders brought on consent by a 14B motion. In this blog we will discuss one of the key pandemic questions for parties thinking of going to court: what […]

Some Practical Challenges with CEWS (Updated May 15, 2020)

Since the onset of the COVID-19 pandemic, an unprecedented number of employers have been forced to place their employees on lay off. In an effort to support those employers facing financial hardship and encourage organizations to get their workers back on payroll, employers were able to start applying for the Canadian Emergency Wage Subsidy (CEWS […]