“Lawful and Reasonable” Enforcement of Mandatory Vaccine Policy is Not...

The British Columbia Supreme Court recently answered the controversial question of whether an employer’s enforcement of a mandatory vaccination policy can be considered constructive dismissal. In Parmar v. Tribe Management Inc., 2022 BCSC 1675, the Court held that the Plaintiff employee was not constructively dismissed when they were placed on an unpaid leave of absence […]

Have Your Contracts Stood Up Against the Pandemic?

The pandemic continues to wreak havoc on many industries. Whether it is supply chain issues, employee absences, or rental disputes, those relationships are all governed by contracts. Halifax litigation lawyer, John Boyle outlines recent court decisions and how to assess your own contracts.

COVID 19 – Mandatory Vaccine Policies Legally Challenged through Grievance...

Mandatory vaccination policies have been implemented by many employers in response to the COVID-19 pandemic. While these policies have been widely accepted by the majority of employees, there are some employees who strongly object to such policies. Some mandatory COVID-19 vaccination policies have been the subject of grievances. Earlier this month, the first two grievance […]

Contractual relationship impacted by COVID-19? Planning on initiating a liability...

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 […]

June 25, 2021

More than Just a Stamp: Proposed Vaccine Passports Raise Privacy...

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 […]

April 7, 2021

Mandatory Masking Human Rights Complaint Rejected

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 […]

Breach of COVID-19 Policy Justifies Termination

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 […]

COVID-19 Travel Restrictions in Atlantic Canada – A Summary for...

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 […]

Newfoundland and Labrador’s COVID-19 Response – Information for Businesses

This article was revised to include updates as of June 8, 2020 On March 18, 2020, the Minister of Health and Community Services for Newfoundland and Labrador declared a Public Health Emergency under the Public Health Protection and Promotion Act. This declaration continues in effect; along with the accompanying Orders under the Act, and has […]

Nova Scotia – Legal Implications of the COVID-19 Emergency

Summary of rules for Nova Scotians, businesses and institutions under the Heath Protection Act and the Emergency Management Act, updated as of May 1.