COVID-19 Publications
Unpaid Leave for Failure to Vaccinate Not a Termination of Employment
In the first civil case since mandatory vaccination policies have become widely implemented by employers throughout Canada, a British Columbia Court has ruled on the validity of mandatory vaccination policies and an employer's right to place non-compliant employees on an unpaid leave of absence.
The Federal Government Suspends its Mandatory Vaccination Requirements
The Government of Canada has lifted its mandatory vaccination requirements for employees in the air, marine and rail sectors.
Crosslinx v. Ontario Infrastructure: Turns out that notice means actual notice…
The Ontario Court of Appeal has again emphasized the importance of complying with contractual notice provisions when advancing construction delay claims.
BC Lifting COVID Mandates
Significant changes to the Provincial COVID mandates announced in advance of spring break.
Coming Soon to a Clinic Near You: Mandatory Vaccination for Private Regulated Health Professionals
The BC Government announced on February 9, 2022 that a new Public Health Order will mandate vaccination for all private regulated health professionals.
Remote Working Arrangements: Tax Planning & Pitfalls
Discussion of tax considerations related to remote working arrangements such as appropriate payroll withholding rates and permanent establishment issues.
Due Means Due: Ontario Court Considers Effect of Pandemic Measures on New Class Action Mandatory Dismissal Deadline
Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.
Check Out Time: Court Certifies Class Action for Dismissal of Hotel Employees due to the Pandemic
The Supreme Court of British Columbia has certified litigation involving a group of employees terminated for COVID-19 related reasons as a class action
Learning to Live with COVID-19: Ontario Releases Amendments Setting Out New Requirements as of January 31, 2022
The Government of Ontario has released the latest amendments to O. Reg 364/20, setting out new requirements for employers as of January 31, 2022.
Mandatory COVID-19 Vaccination Policy Upheld
An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.
Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols
A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.
COVID-19 Safety Plans Reinstated for BC Employers
On January 7, 2022, the BC Government announced that BC employers will again be required to implement COVID-19 Safety Plans in their workplaces.
Quebec: An Employer’s Right to Request its Employees’ Vaccination Status
This article discusses an employer's right to request its employees' vaccination status.
Federal Court Denies Injunction to Suspend Federal Government’s Supplier Mandate
The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.
You Can’t Get There From Here: Vaccination Mandates in the Transportation Sector
Federal government announces details of mandatory vaccination for air, marine and rail travellers
Paid Sick Leave for BC Employees: What We Know So Far
With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.
Vaccine Mandates by Commercial Landlords: Are They Permitted and What Are the Risks?
In this bulletin, we address whether landlords have the right to implement a vaccine mandate and the risks arising from restricting tenants and their employees.
Mandatory Vaccination Policy: “Reasonable, Enforceable”
A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.
Business Interruption Losses: Who is to Pay during the Pandemic?
Insurance coverage for business interruption losses has become a notable subject of litigation as pandemic-related claims make their way through the courts.
Vaccination Mandates in the Construction Industry – What You Need to Know
An overview of vaccination mandates in the Construction industry and what you need to know.
Mandatory Vaccinations for Public Service and Health Care Visitors
Mandatory vaccinations for public service and health care visitors in British Columbia.
British Columbia Reinstates Facemasks in Indoor Public Settings
British Columbia Reinstates Facemasks in Indoor Public Settings
Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA
An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.
COVID-19-related Layoffs Not Grounds for Constructive Dismissal
An Ontario Superior Court of Justice judge has ruled that a temporary layoff related to COVID-19 is not grounds for constructive dismissal.
Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports
Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months
Crosslinx v. Ontario Infrastructure: Turns out the Pandemic is an Emergency…
The public sector’s hardline view of risk allocation in P3 contracts suffered a serious setback with the release of the Crosslinx decision.
Commercial Leases During the COVID-19 Lockdown: Where are we Headed?
Ontario has also passed legislation to protect commercial tenants.
Paid COVID-19 Sick Leave for British Columbia Employees
The British Columbia government has announced proposed amendments to the Employment Standards Act to provide for paid sick leave.
April 30 Update: Amendments to Policy Statement 5 and Policy Statement 6- Extension of the Early Marketing Period in Response to COVID-19
This bulletin outlines the recently announced amendments to Policy Statement 5 and Policy Statement 6 by the Office of the Superintendent of Real Estate.
Ontario to Provide for Temporary Paid Sick Leave
Ontario has announced temporary paid sick leave for all employees. Here is what employers should know.
Paid Vaccination Leave Now Officially Law in British Columbia
Bill 3 entitles BC employees to paid leave for up to 3 hours for each COVID-19 vaccination.
Budget 2021: Extension of Wage & Rent Subsidies
Budget 2021 proposes the extension of both the Canada Emergency Wage Subsidy (“CEWS”) and the Canada Emergency Rent Subsidy (“CERS”).
Paid Vaccination Leave Proposed for British Columbia Employees
The British Columbia government has proposed an amendment to the Employment Standards Act to permit employees to take paid leave to get vaccinated.
Is COVID-19 Government Assistance No Strings? No Way! All Lobbyists Have Reporting Requirements
Applying for and/or receiving COVID-19 financial assistance creates reporting obligations for all lobbyists. Have you updated your lobbyist registration lately?
Commercial Landlord and Tenant Insolvencies: The Need to Know for Sub-tenants
As the COVID-19 pandemic continues on, it is particularly important for sub-tenants and landlords to consider the ramifications of an insolvent head-tenant.
British Columbia Employers Now at Risk of Expedited Workplace Closures
Effective April 12, 2021, health authorities will have the power to order the temporary closure of businesses as a result of COVID-19 outbreaks in the workplace
Personal Opinions Regarding Effectiveness of Masks Insufficient to Ground a Valid Human Rights Complaint
The British Columbia Human Rights Tribunal has dismissed another complaint relating to a refusal to wear a mask based on religious belief and employment.
New Job-Protected Leave Announced for British Columbia Employees to Get Vaccinated
New job-protected leave announced for British Columbia employees to get vaccinated.
A Retailer’s Duty to Accommodate Disabilities That Interfere With a Customer’s Ability to Wear a Face Mask
The BC Human Rights Tribunal has issued its first decision relating to discrimination in the context of mandated mask policies.
Does COVID-19 Favour a Longer Reasonable Notice Period? Another Court Says Prove It
Marazzato v. Dell Canada Inc. confirms that employees must provide actual evidence of any alleged “economic downturn” caused by the COVID-19 pandemic.
Canadian Government Expands National Security Guidance
On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.
When the Rubber Hits the Road: Practical Guidance for Automotive Companies to Comply with CUSMA
USMCA, CUSMA, T-MEC, CPTPP, Free Trade Agreements, Automotive Industry, International Trade, Duties, Global Affairs Canada.
More Clarity About the Impact of COVID-19 on Reasonable Notice Periods
Iriotakis v. Peninsula Employment Services Limited is the latest case to consider the impact of the COVID-19 pandemic on reasonable notice periods.
Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)
Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.
Best Practices for Commercial Landlords Facing Tenant Insolvencies
Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.
Court Considers Impact of COVID-19 Pandemic on Reasonable Notice Periods
Ontario’s Superior Court of Justice has issued a decision dealing with the COVID-19 pandemic and its impact on reasonable notice periods.
When COVID met MAE in the Ordinary Course: Ontario Court Orders Buyer to Complete its M&A Transaction
The recent decision of the Ontario Superior Court of Justice in Fairstone Financial Holdings Inc. v Duo Bank of Canada has established an important precedent for the interpretation of material adverse effect clauses and covenants to carry on business in the ordinary course, both of which are common features of M&A transaction agreements.
Toronto Announces Reporting Obligation and Enhanced Measures for Employers
Citing rising cases in the city and increased strain on hospitals, the City of Toronto has enacted further measures to fight COVID-19, which include new requirements for employers.
Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?
There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?
CRA Simplifies Process for Deducting Work from Home Expenses
The CRA has announced two new permitted approaches for employers to claim deductions in respect of home office expenses incurred in 2020.
Canada Freezes Shandong out of the Arctic
Canada blocked Shandong Gold's acquisition of TMAC Resources following a national security review under the Investment Canada Act.
Ontario Extends COVID-19 Period to July 3, 2021
Ontario has extended its COVID-19 period to July 3, 2021, providing relief to employers required to implement pandemic-related layoffs or wage reductions.
COVID-19: Expedited Examination of Canadian Trademark Applications
CIPO is now taking requests to expedite the examination of Canadian trademark applications related to COVID-19 goods and services.
Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols
Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.
Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful
On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.
Bears v. Bulls: Secondary Market Securities Class Actions in Ontario
A high-level overview of secondary market class actions under the Ontario Securities.
OSFI Outlines Additional Regulatory Adjustments to Foster Financial Resilience and Stability During COVID-19
Further to OSFI's March 27 letter, OSFI announced more adjustments to existing capital requirements for banks and insurers to respond to the impacts of COVID-19
OSFI’s Regulatory Adjustments in Response to COVID-19 Impacts
On March 27, 2020, OSFI announced a number of sector-specific measures to support federally regulated banks, insurers and private pension plans.
COVID-19 Webinars
Digital Accessibility Webinar: Demystifying WCAG 2.0 and Other Best Practices
As a result of COVID-19, Canadians have never been more reliant on websites, web-based apps and web services to carry-out essential activities.
Mandatory Vaccination Policies: Enforceable or a Shot in the Dark? (February 10, 2021)
While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.
McMillan’s Automotive Industry Webinar Series – Part One
Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.
McMillan’s Employment and Labour Webinar
This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.
Corporate Counsel CPD/CLE Webinar Series: Building Personal and Professional Resilience for Everyone
In the wake of this global pandemic, building personal and professional resilience is (or should be) at the top of your “to-do” list.
Corporate Counsel CPD Webinar Series: Mental Health in a Legal Workplace – A Story from the Inside
Beth Beattie shares her personal story of living with bipolar disorder while working as a lawyer. She addresses the prevalence of mental illness in law offices and discusses the isolation and stigma associated with it especially during the era of COVID-19.
Managing Construction Risk in 2020 and Beyond – The Pursuit of Success and the Art of Avoiding the Train Wreck
Understanding how these relationships develop through contractual language, the construction process itself, and the resolution of disputes positions parties to allocate risk effectively, build strong relationships, and complete projects successfully.
Construction after COVID-19: Finding new Coherence Amid a Shaken Industry
While the pandemic has certainly elevated everyone’s stress level, our present circumstances are forcing the industry to make quick adaptations as it rethinks attitudes and practices that were prevalent mere weeks ago.
Establishing the New Normal: Return to Work Considerations in the COVID-19 Era
As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.
Managing Disputes During COVID-19
While disputes are an unavoidable risk of doing business, companies need to know how to protect their interests during this time of uncertainty.
The Impact of COVID-19 on your Workforce in Canada
This webinar is designed to provide clarity on a range of employment law topics and cover up to the minute government programs.
“Essential” Workplaces and Services – A National Roundup and Best Practices for Managing Business Closures
This webinar will discuss the nationwide impacts, rules and regulations for defining “essential” workplaces and services and the closure of non-essential businesses.
The Impact of COVID-19 on the Construction Industry: McMillan Answers Your Questions
This webinar will unpack and address the impacts of COVID-19 on the construction industry and how these impacts can be best managed.
Managing Tax Matters in the Midst of the COVID-19 Pandemic
As the COVID19 pandemic disrupts business operations around the world, inhouse tax professionals must strive to adapt to rapidly changing tax requirements and new compliance challenges.
COVID-19 Events
BC Government Published Workplace Safety Order Mandating COVID-19 Safety Plans
On January 20, 2022, the BC Government published the Workplace Safety order mandating COVID-19 Safety Plans for certain BC workplaces.
Digital Accessibility Webinar: Demystifying WCAG 2.0 and Other Best Practices
As a result of COVID-19, Canadians have never been more reliant on websites, web-based apps and web services to carry-out essential activities.
Mandatory Vaccination Policies: Enforceable or a Shot in the Dark? (February 10, 2021)
While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.
Doing business between US and Canada? What you need to know – Part Two
Please join us for part two of two of our featured panel discussions on Immigration and Employment considerations when doing business between US and Canada.
Doing business between US and Canada? What you need to know – Part One
This is part one of two of our featured panel discussions on Immigration and Employment considerations when doing business between US and Canada.
McMillan’s Automotive Industry Webinar Series – Part One
Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.
McMillan’s Employment and Labour Webinar
This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.
Corporate Counsel CPD/CLE Webinar Series: Building Personal and Professional Resilience for Everyone
In the wake of this global pandemic, building personal and professional resilience is (or should be) at the top of your “to-do” list.
Corporate Counsel CPD Webinar Series: Mental Health in a Legal Workplace – A Story from the Inside
Beth Beattie shares her personal story of living with bipolar disorder while working as a lawyer. She addresses the prevalence of mental illness in law offices and discusses the isolation and stigma associated with it especially during the era of COVID-19.
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