Could the COVID-19 Pandemic Result in a Frustration of Contract?

Many businesses have been forced to shut down due to Ontario’s Emergency Management and Civil Protection Act, which is an emergency declaration that has been extended until June 2, 2020.  These are uncertain times and the fact is that the pandemic may have significant, lasting and permanent impacts on business. In particular, the impact of […]

Employer Ordered to Provide Personal Protective Equipment (PPE) to Employees

In the decision Ontario Nurses Association v. Eatonville/Henley Place, 2020 ONSC 2467 released on April 22, 2020, the Ontario Superior Court of Justice considered an urgent application by the Ontario Nurses Association (ONA) seeking injunctive relief on behalf of nurses working at various long term care (LTC) homes. ONA claimed that these facilities were engaged […]

Right to sue for Constructive Dismissal caused by Harassment taken away by Workplace Safety and Insurance Tribunal

A key principle of the workers’ compensation regime in Ontario is that in exchange for insurance coverage in the event of an injury that arises at the workplace, injured workers are not entitled to sue his or her employer. In particular, section 26 of the Workplace Safety and Insurance Act, 1997 (WSIA) states that entitlement […]