THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER B.C. extends COVID-19 state of emergency through June 22. Wednesday, June 09, 2021 @ 9:18 AM. British Columbia has once again formally extended the provincial state of emergency put in place last year to help support the province’s COVID-19 pandemic response.

THE LAWYER'S DAILY

Featured. Supreme Court examines intervention in workings of volunteer associations through church dispute. The courts do not have jurisdiction to settle a long-standing dispute between a Toronto church and a group of expelled members due to the absence of a legally binding relationship between the two parties, found the Supreme Court in a ruling that could impact a wide range of volunteer POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. TO VACCINATE OR NOT: WHICH PARENT DECIDES? There has been considerable encouraging news regarding the imminent release of effective COVID-19 vaccines. While this is undoubtedly news we have all been waiting to hear, for some separated parents, the availability of a COVID-19 vaccine may reopen old differences relating

to

CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

MARITAL PROPERTY

MARITAL PROPERTY - Equalization or division - Dissipation of assets, preservation of property. Wednesday, May 05, 2021 @ 6:31 AM APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

BIG QUESTION FOR EMPLOYERS IN 2021: CAN THEY REQUIRE In March 2020, the world was devastated as it faced an unforeseeable reality: The World Health Organization announced that a deadly pandemic was rapidly spreading throughout the globe. The immediate questions facing Canadian employers were whether they would be permitted to operate in this dangerous circumstance and, if so, how they could prevent their workplaces from becoming hotbeds COVID-19-SPECIFIC LIABILITY WAIVERS: NEW REALITY FOR Outdoor/adventure businesses — essentially shut down in the initial months of the pandemic — are preparing to restart their operations and are examining what measures they must take to protect themselves. Even though liability waivers are routine within the outdoor/adventure industry and their requirements are well-known, it is unclear whether the content of pre-existing waivers will be COVID-19 GATHERING RESTRICTIONS LIKELY VIOLATE CHARTER Meghan McDermott, interim policy director and senior staff counsel with the British Columbia Civil Liberties Association (BCCLA), said B.C. has been congratulated by many for having a very “carrot versus stick” approach to dealing with COVID-19, in that both the government and provincial health officer Bonnie Henry have been embracing public education and outreach rather than snitch lines THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER B.C. extends COVID-19 state of emergency through June 22. Wednesday, June 09, 2021 @ 9:18 AM. British Columbia has once again formally extended the provincial state of emergency put in place last year to help support the province’s COVID-19 pandemic response.

THE LAWYER'S DAILY

Featured. Supreme Court examines intervention in workings of volunteer associations through church dispute. The courts do not have jurisdiction to settle a long-standing dispute between a Toronto church and a group of expelled members due to the absence of a legally binding relationship between the two parties, found the Supreme Court in a ruling that could impact a wide range of volunteer POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. TO VACCINATE OR NOT: WHICH PARENT DECIDES? There has been considerable encouraging news regarding the imminent release of effective COVID-19 vaccines. While this is undoubtedly news we have all been waiting to hear, for some separated parents, the availability of a COVID-19 vaccine may reopen old differences relating

to

CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

MARITAL PROPERTY

MARITAL PROPERTY - Equalization or division - Dissipation of assets, preservation of property. Wednesday, May 05, 2021 @ 6:31 AM APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

BIG QUESTION FOR EMPLOYERS IN 2021: CAN THEY REQUIRE In March 2020, the world was devastated as it faced an unforeseeable reality: The World Health Organization announced that a deadly pandemic was rapidly spreading throughout the globe. The immediate questions facing Canadian employers were whether they would be permitted to operate in this dangerous circumstance and, if so, how they could prevent their workplaces from becoming hotbeds COVID-19-SPECIFIC LIABILITY WAIVERS: NEW REALITY FOR Outdoor/adventure businesses — essentially shut down in the initial months of the pandemic — are preparing to restart their operations and are examining what measures they must take to protect themselves. Even though liability waivers are routine within the outdoor/adventure industry and their requirements are well-known, it is unclear whether the content of pre-existing waivers will be COVID-19 GATHERING RESTRICTIONS LIKELY VIOLATE CHARTER Meghan McDermott, interim policy director and senior staff counsel with the British Columbia Civil Liberties Association (BCCLA), said B.C. has been congratulated by many for having a very “carrot versus stick” approach to dealing with COVID-19, in that both the government and provincial health officer Bonnie Henry have been embracing public education and outreach rather than snitch lines ACCESS TO ENVIRONMENTAL JUSTICE IN CANADA: THE ROAD AHEAD Across Canada, low-income persons and disadvantaged communities often bear a disproportionate burden of the adverse health and environmental impacts from contaminants that are discharged into air, land and

water.

ONTARIO COURT OF APPEAL OKAYS CLASS ACTION AGAINST WSIB A class action against the Workplace Safety and Insurance Board (WSIB) has a chance to go forward after the Ontario Court of Appeal granted permission for that lawsuit to proceed after it had been previously

blocked.

NORTHWEST TERRITORIES ANNOUNCES PLAN TO END COVID The government of the Northwest Territories (NWT) has released a step-by-step plan for “easing and ending pandemic restrictions.” According to the plan, released June 9, the territory has eased restrictions on outdoor gatherings, allowing up to 50 people to gather. Restrictions on indoor gatherings will be eased in early July, after the school year ends. INDIGENIZING JUSTICE As we celebrate National Indigenous Peoples’ Day (June 21) and their culture, achievements and contributions, this is also an opportunity to consider how the justice system can better meet the needs of

Indigenous people.

MANDATORY TRAINING FOR ALL ARTICLING PRINCIPALS STARTING The Law Society of Alberta (LSA) has given its approval to a training course for all articling principals in response to a recent survey which showed the articling relationship was not meeting the expectations of many participants. VACCINE DONATIONS BY CANADA WON’T HURT NATIONAL ROLLOUT Federal officials are confident Canada’s donation of COVID-19 vaccines to countries in need will not disrupt its own rollout and goal to have most Canadians fully vaccinated by the end of September. When asked about this during a June 11 national update on the COVID-19 heath crisis, deputy chief public health officer Dr. Howard Njoo said it is possible to “walk and chew gum at the same COX & PALMER NAMES EX-NOVA SCOTIA PREMIER ITS STRATEGIC The Supreme Court has upheld an Ontario Court of Appeal decision which said sealing orders on the estate of slain billionaire couple Barry and Honey Sherman were unjustified, ruling the estate trustees had failed to establish there would be a serious risk to an important public interest if the files were opened. LSO TREASURER HIGHLIGHTS IMPORTANCE OF NATIONAL WELL-BEING A national well-being study of the legal profession, the first of its kind in Canada, has been launched by the Federation of Law Societies of Canada, in collaboration with the Canadian Bar Association and all law societies across the country. According to the federation’s website, the study is being done by a team of researchers at the Université de Sherbrooke in Quebec.

THE LAWYER'S DAILY

The Lawyer's Daily provides legal news, analysis and current awareness for the law community in Canada. PRIVACY WATCHDOG SEEKS COMMENT ON POLICE USE OF FACIAL SUBSCRIBE NOW FOR UNLIMITED DIGITAL ACCESS . Close. SECTIONS; News; Supreme Court of Canada; Business of Law THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. COVID-19-SPECIFIC LIABILITY WAIVERS: NEW REALITY FOR Outdoor/adventure businesses — essentially shut down in the initial months of the pandemic — are preparing to restart their operations and are examining what measures they must take to protect themselves. Even though liability waivers are routine within the outdoor/adventure industry and their requirements are well-known, it is unclear whether the content of pre-existing waivers will be APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

COVID-19 GATHERING RESTRICTIONS LIKELY VIOLATE CHARTER COVID-19 gathering restrictions likely violate Charter, legal observers say. As Canada deals with a “second wave” of COVID-19 cases as winter approaches and flu season ramps up, provincial governments have been taking steps that they contend will reduce exposure to the virus as a means of ensuring our hospitals will not be

overwhelmed, such

WHEN JORDAN MEETS PROVINCIAL OFFENCES, COVID-19 The Supreme Court settled many uncertainties regarding the right to a trial within a reasonable time pursuant to s. 11(b) of the Charter of Rights and Freedoms in R. v. Jordan 2016 SCC 27. Ceilings for delay were quantified for the first time. Ceilings for matters proceeding to trial in Superior Court were set at 30 months while matters in proceeding in provincial court were capped at 18 months. SOCIAL MEDIA BULLYING SIGN OF BATTLE ERODING LAW SOCIETY’S Social media bullying sign of battle eroding law society’s soul | Cheryl Lean. If you read legal publications or spend time on Twitter, you may have heard that on Jan. 19, Nima Hojjati, the head of the Law Society of Ontario’s (LSO) Equity Advisory Group (EAG) tweeted that a bencher made a racist comment to him. THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

COVID-19-SPECIFIC LIABILITY WAIVERS: NEW REALITY FOR Outdoor/adventure businesses — essentially shut down in the initial months of the pandemic — are preparing to restart their operations and are examining what measures they must take to protect themselves. Even though liability waivers are routine within the outdoor/adventure industry and their requirements are well-known, it is unclear whether the content of pre-existing waivers will be WHEN JORDAN MEETS PROVINCIAL OFFENCES, COVID-19 The Supreme Court settled many uncertainties regarding the right to a trial within a reasonable time pursuant to s. 11(b) of the Charter of Rights and Freedoms in R. v. Jordan 2016 SCC 27. Ceilings for delay were quantified for the first time. Ceilings for matters proceeding to trial in Superior Court were set at 30 months while matters in proceeding in provincial court were capped at 18 months. COVID-19 GATHERING RESTRICTIONS LIKELY VIOLATE CHARTER COVID-19 gathering restrictions likely violate Charter, legal observers say. As Canada deals with a “second wave” of COVID-19 cases as winter approaches and flu season ramps up, provincial governments have been taking steps that they contend will reduce exposure to the virus as a means of ensuring our hospitals will not be

overwhelmed, such

SOCIAL MEDIA BULLYING SIGN OF BATTLE ERODING LAW SOCIETY’S Social media bullying sign of battle eroding law society’s soul | Cheryl Lean. If you read legal publications or spend time on Twitter, you may have heard that on Jan. 19, Nima Hojjati, the head of the Law Society of Ontario’s (LSO) Equity Advisory Group (EAG) tweeted that a bencher made a racist comment to him. APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

NORTHWEST TERRITORIES ANNOUNCES PLAN TO END COVID The government of the Northwest Territories (NWT) has released a step-by-step plan for “easing and ending pandemic restrictions.” According to the plan, released June 9, the territory has eased restrictions on outdoor gatherings, allowing up to 50 people to gather. Restrictions on indoor gatherings will be eased in early July, after the school year ends. PANDEMIC PRESENTS NEW CHALLENGES FOR CONDO BOARDS, SAYS Pandemic presents new challenges for condo boards, says expert. Amid the COVID-19 pandemic, Ontario courts are recognizing that condominium boards have the right to impose policies designed to protect their owners’ health, says an expert in condo law. “Obviously, COVID has changed everything in terms of the way that condo law looks at ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. HOW FRANCHISOR SYSTEM CHANGES LED TO DISMISSAL OF This is the second article that analyzes the recent franchise decision in Greco Franchising Inc. v. Milito 2021 ONSC 3950, involving an interlocutory injunction application by a fitness studio franchisor, Greco Franchising (Greco), against an Ottawa-based franchisee, 2483425 Ontario Inc. (248), which the court ultimately dismissed in the franchisee’s favour. VICTORY FOR ONTARIO ANIMAL ACCESS TO JUSTICE Now in Ontario, access to justice for animals just got a boost. In a press release dated Nov. 16, 2020, Sylvia Jones, solicitor general of Ontario, announced that the Ontario government has put together an advisory table to improve animal welfare throughout the province. A coalition of veterinarians, law enforcement officials, animal

protection

INTELLECTUAL PROPERTY: HOW TO PROVE BAD FAITH A recent decision of the English High Court provides additional insight into the meaning of “bad faith” in a trademark context and the evidence required to support such COX & PALMER NAMES EX-NOVA SCOTIA PREMIER ITS STRATEGIC The Supreme Court has upheld an Ontario Court of Appeal decision which said sealing orders on the estate of slain billionaire couple Barry and Honey Sherman were unjustified, ruling the estate trustees had failed to establish there would be a serious risk to an important public interest if the files were opened. LSO TREASURER HIGHLIGHTS IMPORTANCE OF NATIONAL WELL-BEING A national well-being study of the legal profession, the first of its kind in Canada, has been launched by the Federation of Law Societies of Canada, in collaboration with the Canadian Bar Association and all law societies across the country. According to the federation’s website, the study is being done by a team of researchers at the Université de Sherbrooke in Quebec. CCLA SLAMS FORD’S USE OF NOTWITHSTANDING CLAUSE IN The Ontario legislature will be recalled on June 10 to address a recent decision from the Superior Court of Justice which ruled sections of the Election Finances Act (EFA) infringe s. 2(b) of the Charter and therefore are of no force and effect. Ontario government house leader, Paul Calandra, issued a statement on June 9 that said following the Superior Court’s decision “the government THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. COVID-19-SPECIFIC LIABILITY WAIVERS: NEW REALITY FOR Outdoor/adventure businesses — essentially shut down in the initial months of the pandemic — are preparing to restart their operations and are examining what measures they must take to protect themselves. Even though liability waivers are routine within the outdoor/adventure industry and their requirements are well-known, it is unclear whether the content of pre-existing waivers will be APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

COVID-19 GATHERING RESTRICTIONS LIKELY VIOLATE CHARTER COVID-19 gathering restrictions likely violate Charter, legal observers say. As Canada deals with a “second wave” of COVID-19 cases as winter approaches and flu season ramps up, provincial governments have been taking steps that they contend will reduce exposure to the virus as a means of ensuring our hospitals will not be

overwhelmed, such

WHEN JORDAN MEETS PROVINCIAL OFFENCES, COVID-19 The Supreme Court settled many uncertainties regarding the right to a trial within a reasonable time pursuant to s. 11(b) of the Charter of Rights and Freedoms in R. v. Jordan 2016 SCC 27. Ceilings for delay were quantified for the first time. Ceilings for matters proceeding to trial in Superior Court were set at 30 months while matters in proceeding in provincial court were capped at 18 months. SOCIAL MEDIA BULLYING SIGN OF BATTLE ERODING LAW SOCIETY’S Social media bullying sign of battle eroding law society’s soul | Cheryl Lean. If you read legal publications or spend time on Twitter, you may have heard that on Jan. 19, Nima Hojjati, the head of the Law Society of Ontario’s (LSO) Equity Advisory Group (EAG) tweeted that a bencher made a racist comment to him. THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. COVID-19-SPECIFIC LIABILITY WAIVERS: NEW REALITY FOR Outdoor/adventure businesses — essentially shut down in the initial months of the pandemic — are preparing to restart their operations and are examining what measures they must take to protect themselves. Even though liability waivers are routine within the outdoor/adventure industry and their requirements are well-known, it is unclear whether the content of pre-existing waivers will be APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

COVID-19 GATHERING RESTRICTIONS LIKELY VIOLATE CHARTER COVID-19 gathering restrictions likely violate Charter, legal observers say. As Canada deals with a “second wave” of COVID-19 cases as winter approaches and flu season ramps up, provincial governments have been taking steps that they contend will reduce exposure to the virus as a means of ensuring our hospitals will not be

overwhelmed, such

WHEN JORDAN MEETS PROVINCIAL OFFENCES, COVID-19 The Supreme Court settled many uncertainties regarding the right to a trial within a reasonable time pursuant to s. 11(b) of the Charter of Rights and Freedoms in R. v. Jordan 2016 SCC 27. Ceilings for delay were quantified for the first time. Ceilings for matters proceeding to trial in Superior Court were set at 30 months while matters in proceeding in provincial court were capped at 18 months. SOCIAL MEDIA BULLYING SIGN OF BATTLE ERODING LAW SOCIETY’S Social media bullying sign of battle eroding law society’s soul | Cheryl Lean. If you read legal publications or spend time on Twitter, you may have heard that on Jan. 19, Nima Hojjati, the head of the Law Society of Ontario’s (LSO) Equity Advisory Group (EAG) tweeted that a bencher made a racist comment to him. APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

NORTHWEST TERRITORIES ANNOUNCES PLAN TO END COVID The government of the Northwest Territories (NWT) has released a step-by-step plan for “easing and ending pandemic restrictions.” According to the plan, released June 9, the territory has eased restrictions on outdoor gatherings, allowing up to 50 people to gather. Restrictions on indoor gatherings will be eased in early July, after the school year ends. PANDEMIC PRESENTS NEW CHALLENGES FOR CONDO BOARDS, SAYS Pandemic presents new challenges for condo boards, says expert. Amid the COVID-19 pandemic, Ontario courts are recognizing that condominium boards have the right to impose policies designed to protect their owners’ health, says an expert in condo law. “Obviously, COVID has changed everything in terms of the way that condo law looks at ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. HOW FRANCHISOR SYSTEM CHANGES LED TO DISMISSAL OF This is the second article that analyzes the recent franchise decision in Greco Franchising Inc. v. Milito 2021 ONSC 3950, involving an interlocutory injunction application by a fitness studio franchisor, Greco Franchising (Greco), against an Ottawa-based franchisee, 2483425 Ontario Inc. (248), which the court ultimately dismissed in the franchisee’s favour. VICTORY FOR ONTARIO ANIMAL ACCESS TO JUSTICE Now in Ontario, access to justice for animals just got a boost. In a press release dated Nov. 16, 2020, Sylvia Jones, solicitor general of Ontario, announced that the Ontario government has put together an advisory table to improve animal welfare throughout the province. A coalition of veterinarians, law enforcement officials, animal

protection

INTELLECTUAL PROPERTY: HOW TO PROVE BAD FAITH A recent decision of the English High Court provides additional insight into the meaning of “bad faith” in a trademark context and the evidence required to support such COX & PALMER NAMES EX-NOVA SCOTIA PREMIER ITS STRATEGIC The Supreme Court has upheld an Ontario Court of Appeal decision which said sealing orders on the estate of slain billionaire couple Barry and Honey Sherman were unjustified, ruling the estate trustees had failed to establish there would be a serious risk to an important public interest if the files were opened. LSO TREASURER HIGHLIGHTS IMPORTANCE OF NATIONAL WELL-BEING A national well-being study of the legal profession, the first of its kind in Canada, has been launched by the Federation of Law Societies of Canada, in collaboration with the Canadian Bar Association and all law societies across the country. According to the federation’s website, the study is being done by a team of researchers at the Université de Sherbrooke in Quebec. CCLA SLAMS FORD’S USE OF NOTWITHSTANDING CLAUSE IN The Ontario legislature will be recalled on June 10 to address a recent decision from the Superior Court of Justice which ruled sections of the Election Finances Act (EFA) infringe s. 2(b) of the Charter and therefore are of no force and effect. Ontario government house leader, Paul Calandra, issued a statement on June 9 that said following the Superior Court’s decision “the government THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 11:59 AM. Appeal allowed against Enbridge Inc. in duty of care dispute; court orders trial. Duty of care owed by Enbridge Inc. has been raised as a triable issue in a case before the Ontario Court of Appeal after an explosion damaged an apartment building where the gas regulators were maintained by a subsidiary

company.

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 5:49 AM. CROWN - Crown liability for acts of servants. Appeal by John Doe from a trial decision dismissing his claims for sexual abuse suffered by him as an air cadet at the hands of an officer, CM, in his squadron during the early 1970s. CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO SMALL CLAIMS COURT UPDATES PANDEMIC PROCEDURES Ontario small claims court updates pandemic procedures. The Ontario Superior Court of Justice on March 15 issued a notice to the profession and the public updating small claims court procedures. Section 3 (Urgent Matters) is amended to state filing requirements more clearly. The Court is accepting requests to schedule settlement

conferences

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. ACCESS TO ENVIRONMENTAL JUSTICE IN CANADA: THE ROAD AHEAD Among other things, the bill is intended to ensure that “all Canadians have access to justice in the environmental context.”. The bill also expressly creates a substantive right to “a healthy and ecologically balanced environment,” and empowers Canadians to go to court to enforce this right. However, Bill C-202 has not progressed

beyond

THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 11:59 AM. Appeal allowed against Enbridge Inc. in duty of care dispute; court orders trial. Duty of care owed by Enbridge Inc. has been raised as a triable issue in a case before the Ontario Court of Appeal after an explosion damaged an apartment building where the gas regulators were maintained by a subsidiary

company.

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 5:49 AM. CROWN - Crown liability for acts of servants. Appeal by John Doe from a trial decision dismissing his claims for sexual abuse suffered by him as an air cadet at the hands of an officer, CM, in his squadron during the early 1970s. CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO SMALL CLAIMS COURT UPDATES PANDEMIC PROCEDURES Ontario small claims court updates pandemic procedures. The Ontario Superior Court of Justice on March 15 issued a notice to the profession and the public updating small claims court procedures. Section 3 (Urgent Matters) is amended to state filing requirements more clearly. The Court is accepting requests to schedule settlement

conferences

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. ACCESS TO ENVIRONMENTAL JUSTICE IN CANADA: THE ROAD AHEAD Among other things, the bill is intended to ensure that “all Canadians have access to justice in the environmental context.”. The bill also expressly creates a substantive right to “a healthy and ecologically balanced environment,” and empowers Canadians to go to court to enforce this right. However, Bill C-202 has not progressed

beyond

THE LAWYER'S DAILY

Tuesday, June 01, 2021 @ 10:00 AM. CRA commences comprehensive Canada Emergency Wage Subsidy audits . The Canada Emergency Wage Subsidy (CEWS), cornerstone of Canada’s COVID-19 Economic Response Plan, is one of Canada’s costliest expenditures, with an estimated cost of $85.6 billion in 2020-21 and $13.9 billion in 2021-22. APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

THE LAWYER'S DAILY

Thursday, May 27, 2021 @ 9:01 AM. Cannabis retail franchising: Benefits and limitations, part two. In our previous article on cannabis franchising, we discussed whether or not the franchise business model has a useful role in the recreational cannabis retail market, as well as the intricacies of the Cannabis Licence Act, 2018 (the CLA), the regulation under the Act (Ontario Regulation 468/18 BIG QUESTION FOR EMPLOYERS IN 2021: CAN THEY REQUIRE In March 2020, the world was devastated as it faced an unforeseeable reality: The World Health Organization announced that a deadly pandemic was rapidly spreading throughout the globe. The immediate questions facing Canadian employers were whether they would be permitted to operate in this dangerous circumstance and, if so, how they could prevent their workplaces from becoming hotbeds VICTORY FOR ONTARIO ANIMAL ACCESS TO JUSTICE Now in Ontario, access to justice for animals just got a boost. In a press release dated Nov. 16, 2020, Sylvia Jones, solicitor general of Ontario, announced that the Ontario government has put together an advisory table to improve animal welfare throughout the province. A coalition of veterinarians, law enforcement officials, animal

protection

WHY IT’S TIME TO REFLECT ON CROWN LIABILITY AND In July 2019, Ontario enacted the Crown Liability and Proceedings Act, 2019 (CLPA), replacing the Proceedings Against the Crown Act. As we noted in our 2019 article, the CLPA garnered much attention and varying predictions for the future of Crown liability. Most commentators’ first reaction was concern over the government’s apparent attempt to insulate itself from liability by the THE UTILITY AND VIABILITY OF DEFENCE OF PROVOCATION Likewise, there are concerns that the defence is not equally available among the sexes, which yields an access to justice issue. When men murder their partners, they are “more likely to kill out of sexual jealousy, a sense of entitlement to their female partners in cases where provocation is at issue, threats to leave the relationship and/or taunts about sexual inadequacy are sometimes NEW BRUNSWICK PLANS CHANGES TO CONTINGENCY FEE SYSTEM Contingency fees are on the docket at the Law Society of New Brunswick. A preliminary report has recommended several changes to the system now in place — including an increase to the current cap — and consultations with key stakeholders and the public have been

completed.

REGULATORY FRAMEWORK Appeal by the insured from an order appointing a representative for the purpose of mandatory dispute resolution with the respondent insurer. In 2016, a tree fell on the appellants’ property during a windstorm and caused significant damage to their home. THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 11:59 AM. Appeal allowed against Enbridge Inc. in duty of care dispute; court orders trial. Duty of care owed by Enbridge Inc. has been raised as a triable issue in a case before the Ontario Court of Appeal after an explosion damaged an apartment building where the gas regulators were maintained by a subsidiary

company.

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 5:49 AM. CROWN - Crown liability for acts of servants. Appeal by John Doe from a trial decision dismissing his claims for sexual abuse suffered by him as an air cadet at the hands of an officer, CM, in his squadron during the early 1970s. CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO SMALL CLAIMS COURT UPDATES PANDEMIC PROCEDURES Ontario small claims court updates pandemic procedures. The Ontario Superior Court of Justice on March 15 issued a notice to the profession and the public updating small claims court procedures. Section 3 (Urgent Matters) is amended to state filing requirements more clearly. The Court is accepting requests to schedule settlement

conferences

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. ACCESS TO ENVIRONMENTAL JUSTICE IN CANADA: THE ROAD AHEAD Among other things, the bill is intended to ensure that “all Canadians have access to justice in the environmental context.”. The bill also expressly creates a substantive right to “a healthy and ecologically balanced environment,” and empowers Canadians to go to court to enforce this right. However, Bill C-202 has not progressed

beyond

THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 11:59 AM. Appeal allowed against Enbridge Inc. in duty of care dispute; court orders trial. Duty of care owed by Enbridge Inc. has been raised as a triable issue in a case before the Ontario Court of Appeal after an explosion damaged an apartment building where the gas regulators were maintained by a subsidiary

company.

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 5:49 AM. CROWN - Crown liability for acts of servants. Appeal by John Doe from a trial decision dismissing his claims for sexual abuse suffered by him as an air cadet at the hands of an officer, CM, in his squadron during the early 1970s. CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO SMALL CLAIMS COURT UPDATES PANDEMIC PROCEDURES Ontario small claims court updates pandemic procedures. The Ontario Superior Court of Justice on March 15 issued a notice to the profession and the public updating small claims court procedures. Section 3 (Urgent Matters) is amended to state filing requirements more clearly. The Court is accepting requests to schedule settlement

conferences

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. ACCESS TO ENVIRONMENTAL JUSTICE IN CANADA: THE ROAD AHEAD Among other things, the bill is intended to ensure that “all Canadians have access to justice in the environmental context.”. The bill also expressly creates a substantive right to “a healthy and ecologically balanced environment,” and empowers Canadians to go to court to enforce this right. However, Bill C-202 has not progressed

beyond

THE LAWYER'S DAILY

Tuesday, June 01, 2021 @ 10:00 AM. CRA commences comprehensive Canada Emergency Wage Subsidy audits . The Canada Emergency Wage Subsidy (CEWS), cornerstone of Canada’s COVID-19 Economic Response Plan, is one of Canada’s costliest expenditures, with an estimated cost of $85.6 billion in 2020-21 and $13.9 billion in 2021-22. APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO MOVES UP START OF REOPENING TO JUNE 11 Ontario will be moving into step one of its three-step reopening framework earlier than expected due to high provincewide vaccination rates and a decrease in the number of new COVID-19 cases in the province. The province will enter step one of the roadmap at 12:01 a.m. on Friday, June 11, which will allow restaurants to offer outdoor dining with up to four people per table and permit outdoor VICTORY FOR ONTARIO ANIMAL ACCESS TO JUSTICE Now in Ontario, access to justice for animals just got a boost. In a press release dated Nov. 16, 2020, Sylvia Jones, solicitor general of Ontario, announced that the Ontario government has put together an advisory table to improve animal welfare throughout the province. A coalition of veterinarians, law enforcement officials, animal

protection

HOW CANADA MIGHT OPEN THE U.S.-CANADA BORDER For over a year, the world’s longest international border has remained closed to non-essential travel. On May 21, the closure was extended for another month. There was some speculation that the officials would loosen some border restrictions in May, but the situation remained unchanged. Now, with the closure expiration date less than a month away, there is some indication that Canadian DIGITAL SERVICE FIRM HIRES ASSOCIATE MANAGING DIRECTOR FOR Digital service provider Kroll announced that Jaycee Roth has joined the firm as an associate managing director in the cyber risk practice, based in the Toronto office. According to the firm’s press release, Roth specializes in incident response, incident handling, ransomware investigations, digital forensics and complex cybercrime

investigations.

UNJUSTIFIED RULES FOR ARRANGED EMPLOYMENT OF INTERNATIONAL In a historic and game-changing move, Immigration, Refugees and Citizenship Canada invited 27,332 candidates — i.e., every single person who was in the Express Entry pool under the CEC category — to apply for permanent residence. While this proved to be great for those with at least one year qualifying Canadian work experience, the CEC permanent residency program appears to THE THIRD WAVE LAWYER AND ALTERNATIVE DISPUTE RESOLUTION Virtual platform initiated. Enter virtual mediation. Admitted to waiting room. Enable camera. Mute. Unmute. Share screen. Enter digital exhibit. Raise virtual hand. LIMITATION PERIOD AT HEART OF HOMEOWNERS’ INSURANCE Homeowners who turn to the courts to resolve unsettled claims with their insurer must be mindful to file an action before the end of any stipulated limitation period, says a lawyer involved in a dispute between an insurance company and a couple whose house caught fire. THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 11:59 AM. Appeal allowed against Enbridge Inc. in duty of care dispute; court orders trial. Duty of care owed by Enbridge Inc. has been raised as a triable issue in a case before the Ontario Court of Appeal after an explosion damaged an apartment building where the gas regulators were maintained by a subsidiary

company.

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 5:49 AM. CROWN - Crown liability for acts of servants. Appeal by John Doe from a trial decision dismissing his claims for sexual abuse suffered by him as an air cadet at the hands of an officer, CM, in his squadron during the early 1970s. CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO SMALL CLAIMS COURT UPDATES PANDEMIC PROCEDURES Ontario small claims court updates pandemic procedures. The Ontario Superior Court of Justice on March 15 issued a notice to the profession and the public updating small claims court procedures. Section 3 (Urgent Matters) is amended to state filing requirements more clearly. The Court is accepting requests to schedule settlement

conferences

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. ACCESS TO ENVIRONMENTAL JUSTICE IN CANADA: THE ROAD AHEAD Among other things, the bill is intended to ensure that “all Canadians have access to justice in the environmental context.”. The bill also expressly creates a substantive right to “a healthy and ecologically balanced environment,” and empowers Canadians to go to court to enforce this right. However, Bill C-202 has not progressed

beyond

THE LAWYER'S DAILYNEWSFAMILYSCCBUSINESS OF LAWDIGESTSINSIDER The Lawyer's Daily. Supreme Court upholds Quebec ruling in case involving public access to court records. Supreme Court Justice Suzanne Côté found that a Quebec media company cannot access court exhibits that had been filed, then removed, from a civil lawsuit once the proceedings ended. Friday, May 28, 2021 @ 5:11 PM.

THE LAWYER'S DAILY

Friday, May 28, 2021 @ 2:36 PM. Ontario offering second COVID-19 vaccine shots earlier than expected. Ontario has announced it is shortening the interval between the first and second doses of COVID-19 vaccines starting with individuals aged 80 and over effective May 31. If vaccine supplies hold, the government said in a May 28 news

release, the

POTENTIAL CONFLICT OF CHILD VACCINATION DURING COVID: MORE Potential conflict of child vaccination during COVID: More areas of impact. In a prior article (see below for link) we discussed the topic of separated parents and the decision of whether to vaccinate their child against the virus may become contentious. Based on historical and recent rulings, these are the two other areas of concern that

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 11:59 AM. Appeal allowed against Enbridge Inc. in duty of care dispute; court orders trial. Duty of care owed by Enbridge Inc. has been raised as a triable issue in a case before the Ontario Court of Appeal after an explosion damaged an apartment building where the gas regulators were maintained by a subsidiary

company.

THE LAWYER'S DAILY

Thursday, June 03, 2021 @ 5:49 AM. CROWN - Crown liability for acts of servants. Appeal by John Doe from a trial decision dismissing his claims for sexual abuse suffered by him as an air cadet at the hands of an officer, CM, in his squadron during the early 1970s. CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO SMALL CLAIMS COURT UPDATES PANDEMIC PROCEDURES Ontario small claims court updates pandemic procedures. The Ontario Superior Court of Justice on March 15 issued a notice to the profession and the public updating small claims court procedures. Section 3 (Urgent Matters) is amended to state filing requirements more clearly. The Court is accepting requests to schedule settlement

conferences

TO VACCINATE OR NOT: WHICH PARENT DECIDES? Garry J. Wise is senior counsel at Toronto’s Wise Law Office. His practice focuses on employment and workplace law, estates litigation, family law and civil litigation. He can be reached at 416-972-1800 or gwise@wiselaw.net. Simran Bakshi is an associate lawyer at Wise Law Office and was called to the Ontario bar in 2014. ACCESS TO JUSTICE: VISIONARY THINKING TO UPDATE A LEGACY In my last column, I wrote about the need to use the pandemic in which we find ourselves to rethink how we can improve the justice system. A strong and efficient justice system is central to democratic governance and to social stability. ACCESS TO ENVIRONMENTAL JUSTICE IN CANADA: THE ROAD AHEAD Among other things, the bill is intended to ensure that “all Canadians have access to justice in the environmental context.”. The bill also expressly creates a substantive right to “a healthy and ecologically balanced environment,” and empowers Canadians to go to court to enforce this right. However, Bill C-202 has not progressed

beyond

THE LAWYER'S DAILY

Tuesday, June 01, 2021 @ 10:00 AM. CRA commences comprehensive Canada Emergency Wage Subsidy audits . The Canada Emergency Wage Subsidy (CEWS), cornerstone of Canada’s COVID-19 Economic Response Plan, is one of Canada’s costliest expenditures, with an estimated cost of $85.6 billion in 2020-21 and $13.9 billion in 2021-22. APPEAL COURT RULING ON VIDEO HEARINGS COULD IMPACT COURTS An Ontario Court of Appeal decision endorsing a lower court’s finding that a not criminally responsible (NCR) accused woman cannot be forced to attend a video hearing against her will could have wider implications for courts during the COVID-19 pandemic, says a Toronto

lawyer.

CAN EMPLOYERS MANDATE COVID-19 VACCINATION? With the news of the release of a COVID-19 vaccine, many employees will have questions and/or concerns about what this means for them in the workplace context. While this is uncharted territory in many ways, this article will provide some information and clarification for

employees.

ONTARIO MOVES UP START OF REOPENING TO JUNE 11 Ontario will be moving into step one of its three-step reopening framework earlier than expected due to high provincewide vaccination rates and a decrease in the number of new COVID-19 cases in the province. The province will enter step one of the roadmap at 12:01 a.m. on Friday, June 11, which will allow restaurants to offer outdoor dining with up to four people per table and permit outdoor VICTORY FOR ONTARIO ANIMAL ACCESS TO JUSTICE Now in Ontario, access to justice for animals just got a boost. In a press release dated Nov. 16, 2020, Sylvia Jones, solicitor general of Ontario, announced that the Ontario government has put together an advisory table to improve animal welfare throughout the province. A coalition of veterinarians, law enforcement officials, animal

protection

HOW CANADA MIGHT OPEN THE U.S.-CANADA BORDER For over a year, the world’s longest international border has remained closed to non-essential travel. On May 21, the closure was extended for another month. There was some speculation that the officials would loosen some border restrictions in May, but the situation remained unchanged. Now, with the closure expiration date less than a month away, there is some indication that Canadian DIGITAL SERVICE FIRM HIRES ASSOCIATE MANAGING DIRECTOR FOR Digital service provider Kroll announced that Jaycee Roth has joined the firm as an associate managing director in the cyber risk practice, based in the Toronto office. According to the firm’s press release, Roth specializes in incident response, incident handling, ransomware investigations, digital forensics and complex cybercrime

investigations.

UNJUSTIFIED RULES FOR ARRANGED EMPLOYMENT OF INTERNATIONAL In a historic and game-changing move, Immigration, Refugees and Citizenship Canada invited 27,332 candidates — i.e., every single person who was in the Express Entry pool under the CEC category — to apply for permanent residence. While this proved to be great for those with at least one year qualifying Canadian work experience, the CEC permanent residency program appears to THE THIRD WAVE LAWYER AND ALTERNATIVE DISPUTE RESOLUTION Virtual platform initiated. Enter virtual mediation. Admitted to waiting room. Enable camera. Mute. Unmute. Share screen. Enter digital exhibit. Raise virtual hand. LIMITATION PERIOD AT HEART OF HOMEOWNERS’ INSURANCE Homeowners who turn to the courts to resolve unsettled claims with their insurer must be mindful to file an action before the end of any stipulated limitation period, says a lawyer involved in a dispute between an insurance company and a couple whose house caught fire.

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Business | Labour & Employment | Wills, Trusts & Estates | Family | Criminal | Civil Litigation | Personal Injury In-House Counsel | Insurance | Intellectual Property | Immigration | Natural Resources | Real Estate | Tax Ottawa will make hiring program retroactive once Parliament passes

budget: Freeland

Federal Finance Minister Chrystia Freeland says the government’s plan to extend business support programs and introduce a new Canada recovery hiring program will “help businesses support their workers through the final stretches of the pandemic and hire new workers at a pace that works for them.” Thursday, June 03, 2021 @ 11:31 AM The federal government has provided more details about the future of its COVID-19 business support initiatives, saying it plans to make a program aimed at helping businesses hire and support workers retroactive once it becomes law. ... LEAF calls on feds to hold companies accountable for online violence Friday, June 04, 2021 @ 3:00 PM Digital platforms such as Twitter, YouTube, Reddit and Facebook play a central role in the proliferation of online violence, abuse and harassment, especially posts targeted at women and other marginalized groups, and it’s time the federal government held these platform companies accountable, according to a new report from the Women’s Legal Education and Action Fund (LEAF) in Toronto. ... Ontario accelerates second dose for ages 70-plus, those vaccinated

before April 18

Friday, June 04, 2021 @ 11:56 AM On June 4, the Ontario government announced that individuals aged 70 and over, along with people who received the first dose of an mRNA vaccine (Pfizer or Moderna) on or before April 18, can book an “accelerated second dose appointment ahead of schedule.” ... MMIWG action plan calls for addressing gender- and race-based violence, public education campaign Friday, June 04, 2021 @ 9:37 AM Ottawa is promising to take immediate steps to deal with systemic racism and gender-based violence against Indigenous peoples after the release of a long-awaited action plan to address the issues identified by the national inquiry into missing and murdered Indigenous women and

girls (MMIWG). ...

Ontario to offer mRNA vaccines as second dose option for AstraZeneca

recipients

Thursday, June 03, 2021 @ 1:52 PM On June 3, the Ontario government announced that people who received the AstraZeneca vaccine for their first dose can chose between receiving the AstraZeneca shot or an mRNA (Pfizer or Moderna) vaccine for their second dose to protect against COVID-19. According to a release, the government consulted with the “chief medical officer of health and other health experts” and its decision is “in alignment with updated guidance from the National Advisory Committee on Immunization (NACI) recommendation.” ...

OPINION

MARCEL STRIGBERGER

Law society physics | Marcel Strigberger AAN MALAHIA CHAUDHRY Modern day imperialism: Canadian interference in Haiti’s democracy | Aan Malahia Chaudhry

STEPHEN O’NEILL

Do attitudes that inspired residential schools still prevail in Canada? | Stephen O’Neill

AMANDA JOHL

Starting law school amid a global pandemic | Amanda Johl

MICHAEL LYNK

This occupation has Canada’s permission | Michael Lynk

KEN HILL

Justice: Sometimes poetic, sometimes not so much | Ken Hill

INSIDER

* WeirFoulds hires partner for municipal planning practice group * New associate joins Gillian Hnatiw & Co. * The Friday Brief: Managing Editor’s must-read items from this

week

* Two new associates for Clark Wilson * New judge appointed to Ontario Superior Court * Three new associates for Harper Grey in Vancouver * U.S. firm adds Canadian international trade lawyer * Lawyer to be honoured by The Advocates’ Society * Trade and procurement counsel returns to McMillan * Loopstra Nixon adds partner, associate to team

DIGESTS

FAMILY

MAINTENANCE AND SUPPORT - Child support - Changed circumstances - Reduction or rescission of arrears

BUSINESS

SECURED TRANSACTIONS - Application of principles of law and equity WILLS, TRUSTS & ESTATES EXECUTORS AND ADMINISTRATORS - Duty to account

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