Up until the Waksdale v Swegon North America case decided by the Court of Appeal on June 18, 2020, the traditional analysis of termination provisions in employment agreements was to examine the specific termination provision applicable to the facts of the case (i.e. the just cause provision or the termination without cause provision). From there, …

Cunningham Swan is delighted to welcome Spencer Putnam as an Associate lawyer in our Municipal Group. Spencer recently completed his articling term with the firm in 2020 and has returned following his call to the bar. He is a graduate of Queen’s University’s Juris Doctor program where he competed for the esteemed Queen’s Law Grand …

On June 25, 2020, Chief Justice Morawetz issued a Notice to the Profession, Litigants, Accused, Media and Members of the Public providing guidance on the resumption of in-court operations.  Further to the Notice issued May 13, 2020, Chief Justice Morawetz confirmed that in-person hearings will begin to resume commencing July 6, 2020. Only certain court …

Don’t be left out in the cold. Now may be the time to consider a corporate reorganization by way of an estate freeze or refreeze. We understand that finding positive light in any economic downturn can be difficult. We are here to help. One possible silver lining is the ability of business owners of privately …

In this post, we detail two government announcements (one provincial and one federal) made yesterday that will impact workplaces that are set to reopen as early as Friday June 12, as parts of the province enter Stage 2 of Ontario’s Reopening Plan. PROVINCIAL ANNOUNCEMENT: CHILD CARE AND HOME CARE The province announced yesterday that childcare …

As you may have heard earlier today, the Ontario government is permitting certain businesses in the Kingston area to re-open as of Friday, June 12th. Specifically, public health unit regions with lower rates of transmission, increased capacity in hospitals, and progress made in testing can move to stage 2.  Regions Permitted to Re-open in Kingston …

We are writing with good news.  On Friday, May 29, without fanfare or publicity, the Ontario Government filed a new Regulation (O. Reg 228/20) under the Employment Standards Act, 2000 (“ESA”), which significantly impacts employers that had to lay employees off or reduce their hours of work or wages as a result of COVID-19.  This …

Hosted by the Labour and Employment Department, this webinar discusses the implications of reopening businesses and returning to work during the COVID-19 pandemic. We cover the following topics: Recalling employees Human Rights Considerations for Employers The Occupational Health and Safety Act During a Pandemic Potential Issues in Returning Your Employees to Work To download our …

The Workplace Safety Insurance Act, 1997 (“WSIA”) establishes an insurance plan for certain workplace-related illnesses and injuries. Benefits under the insurance plan replace an employee’s rights of action against insured employers, such that these employers cannot be sued in relation to the illnesses and injuries for which WSIA insurance benefits are available.  Effective January 1, …