Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.
Tag: COVID-19
The Most Common Way People Give Up Their Power is by Thinking They Don't Have Any...
February 28, 2023
Alberta’s Court of King’s Bench found a CMOH Order unreasonable. The authority to issue such executive legislation is vested solely with the CMOH rather than elected officials who participated in the promulgation of the Order.
Unilateral Unpaid Leave of Absence May Not Trigger Constructive Dismissal
November 3, 2022
Erin J. Baker and Sarah Miller outline the main takeaways from Justice MacNaughton's decision in Parmar v Tribe Management Inc. that a mandatory vaccination policy in the workplace may not trigger constructive dismissal.
Mandatory Vaccinations in the Workplace
July 22, 2021
With the widespread availability of COVID-19 vaccinations in Canada, employers are anxious to get their employees vaccinated and “back to normal,” employers are likely thinking about what they can do to return to pre-pandemic operations. The question then arises: can an employer require employees to get the COVID-19 vaccine? And, if an employee refuses, what options does the employer have?
Pursuing Pots of Gold: Litigation Funding - The Supreme Court of Canada Speaks
September 22, 2020
Christa Nicholson, former Partner, comments on a recent unanimous decision of the Supreme Court of Canada that adds legitimacy to third party litigation funding as a potential path by which to maximize recovery for an insolvent company's creditors, as well as for use in commercial litigation and arbitration contexts.
The Delay Rules in a World of Suspended Limitations
September 16, 2020
How did the Ministerial Order of March 30, 2020, affect Rules 4.31 and 4.33? Gavin Price and Charlotte Stokes take a look at how the courts may interpret the Order's effect on what is sometimes referred as the "Delay Rules."
COVID-19: Class Actions Arising From a Pandemic
July 29, 2020
Given the current situation, Courts are likely to consider factual nuances in each class action on a case-by-case basis, including how the defendants responded to the unexpected and unprecedented change in making their decisions.
Refusing to Return to Work? CERB Isn't the Answer
June 18, 2020
Some low-wage workers are opting to continue receiving their CERB benefits citing that the payments are more than their paycheques. Cassandra Sutter issues a warning against that approach.
Virtual Witnessing of Estate Documents
June 11, 2020
With the enactment of Ministerial Order 39/2020, the signor and witness need not be in the same room.
Vanquisher or Vanquished? Insolvency Law's Power to End Contracts
May 14, 2020
The economic crisis resulting from the COVID-19 pandemic has meant that some contracts that were once previously viable, may no longer be - making disclaimer an attractive potential option for an insolvent party.
COVID-19: Potential Solutions to Insolvency Situations
May 13, 2020
Discussions with creditors and stakeholders are best undertaken with an understanding of formal and informal insolvency proceedings. Christa Nicholson and Angad Bedi describe the available options, as well as steps that may be taken by creditors to enforce their rights.
Rule 4.31 and 4.33 in a World of Suspended Limitations
April 28, 2020
In response to limited Court access and other restrictions, a Ministerial Order was issued in late-March to "push pause" on litigation. Gavin Price and Charlotte Stokes explain the Order's potential effects on deadlines.
COVID-19 and Insolvency Law: What You Should Know
April 27, 2020
Former partner at JSS Barristers , Christa Nicholson, provides some practical “must-know” takeaways when planning for potential liquidity crunches or insolvency-related challenges.
Selling or Buying Shares in the Face of COVID-19: Am I Insider Trading?
April 15, 2020
What exactly constitutes insider trading in the face of a pandemic and its consequent economic fallout? Andrew Wilson, and Angad Bedi take a look at the sub-requirements.
Is My Business Covered for Interruption Losses Caused by COVID-19?
April 14, 2020
Ryan Phillips and Maureen McCartney-Cameron tell you what to look for in your insurance coverage.
The New Tort on the Block: Publicity Placing a Person in False Light
April 9, 2020
For the first time, a Canadian Court has recognized Publicity Placing a Person in False Light as a cause of action. What is it and how can it affect you? Oliver Ho explains the implications of this new tort in his latest article.
Commercial "Evictions" Are Not Suspended
April 8, 2020
Glenn Solomon QC, FCIArb and Laura Warner address a misconception that commercial evictions have been Suspended.
Commercial Landlord and Tenant Agreements: The Need for Careful Analysis
April 2, 2020
Glenn Solomon QC, FCIArb, outlines some of the analysis that commercial landlords must undertake in determining the best strategy in navigating the complex issues arising in commercial leasing relationships.
Recent Amendments to the Rules of Court
April 1, 2020
The Legislature has amended the Rules of Court by way of an Order in Council. David J. Marshall has noted the key amendments for civil litigators in his most recent article published on our COVID-19 Resource Page
Social Distancing and Executing Documents with Electronic Signatures
April 1, 2020
How do you practice social distancing when documents need to be executed? Oliver Ho explores the legislation around using electronic signatures.