Written by F. Richard Gosse. Background The concept is not new – parties committing to provide work or services decide to write down what each expects of the other: a scope of work, a mechanism for payment, some general provision for timelines, changes, and warranties or the like. More sophisticated engagements may (or may not) […]
An ounce of prevention is worth a pound of cure – particularly for construction. Whether it is a new build or a renovation, it is costly work prone to surprises. A properly drafted contract will benefit both the owner and the contractor by providing clarity and certainty. The contract should: Clearly define the scope of […]
Introduction Two or more songwriters sit down… armed with guitars and a notepad… intending to change the world with a great song (or at least make some money). Whether songwriters co-write with their co-writer(s) in a living room, spontaneously in the studio, during a song camp, or via Zoom, it is critical that they consider […]
The recent arbitration decision of Toronto District School Board and CUPE, Local 4400 (Re: PR734 Vaccine Procedure) (the “Decision”) considers the reasonableness of the Toronto District School Board’s (the “TDSB”) COVID-19 vaccination policy while taking into consideration the Omicron variant. It also addresses the question of whether section 7 of the Canadian Charter of Rights […]
In Nova Scotia, generally a person has two years from the date a claim is discovered to begin an action. Those who wait to achieve certainty regarding their claim may find the two year period has already elapsed. In a recent Supreme Court of Canada case the Province of New Brunswick brought a claim against […]
Click here to view PDF version. As the number of Canadians receiving COVID-19 vaccines continues to rise, vaccine passports are now sparking discussion as a means to return to “normal”. However, privacy commissioners and ombudspersons across Canada have stressed that these proposed tools raise a host of privacy and data security concerns, many of which […]
The requirement to wear face masks in public indoor settings to curb the spread of COVID-19, subject to certain exemptions, has resulted in a surge of human rights complaints across the country in the context of both accessing services and employment. Based on the large volume of complaints and the public interest regarding mandatory mask-wearing […]
COVID-19 has dominated our world for the past year. It has touched every facet of our lives. It has resulted in ever-changing rules, policies and procedures being implemented that affect the way we work, shop, socialize and engage in extra-curricular activities. Employers, in particular, have been required to radically change the way things have always […]
In a year like no other, there have been steady developments in the landscape of employment & labour and human rights law. Some of these developments were long anticipated, including the effect of termination on bonus compensation and the legality of mandatory arbitration clauses in the gig economy. Perhaps the most interesting cases, however, are […]
This article was last updated on September 10, 2020 While the term “unprecedented” is being used frequently in the context of the COVID-19 pandemic and the measures that have been taken in response to it, one context where the word can legitimately be applied is the restrictions to inter-provincial travel that have been introduced in […]