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Vaccinating the Workforce

With the vaccine becoming more widely available, questions about vaccine passports, time off to get the vaccine and whether employers can require employees to get the vaccine are becoming more relevant. 

Paid Vaccination Leave in Saskatchewan

Last week a new paid vaccine leave became law in Saskatchewan. This leave, which was made under Saskatchewan’s Occupational Health and Safety Regulations, 2020, allows workers to take PAID time off to get their vaccines. Saskatchewan is the first jurisdiction in Canada to implement this type of leave. 

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Termination Payments and Repaying Government Benefits – EI, CERB and CRB

Terminated employees receiving government benefitsOver the course of the past year, many people have had reductions in earnings and received some form of government income assistance – EI, CERB or Canada Recovery Benefit (CRB).

In some cases, employees who initially thought that their interruption or reduction in earnings was temporary have had their employment terminated. 

In almost all termination situations an employee will be entitled to some form of termination payment from the employer. Employees who are also receiving government income assistance may wonder how their government payments will be impacted by their termination packages. 

While not everything is crystal clear at this point, we have some thoughts!

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New Tort of Internet Harassment

new tort of internet harassment

Photo by Tianyi Ma on Unsplash

In Caplan v. Atas, 2021 ONSC 670 the Ontario Superior Court has recognized a new tort of internet harassment or “harassment in internet communications” to be precise. Notably, there is no tort – meaning you cannot sue someone – for just plain old harassment. 

The facts of the Caplan case giving rise to this new tort involved some extreme, wide-reaching and long-lived behaviour on the part of the defendant, Ms. Atas. The case involved multiple plaintiffs, all of who had been victims of Ms. Atas’ online harassment campaigns. A family member of one plaintiff found “80,000 unique search results attributable to Atas, related to some 3,747 online posts, on 77 different web sites, directed against 150 different victims.” 

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Honesty – the Golden Rule for Contracts

honest contractual dealings

Photo by Thirdman from Pexels

A recent Supreme Court of Canada decision serves as a helpful reminder to workers and businesses about the importance of honesty in their contractual dealings. C.M. Callow Inc. v. Zollinger involved condo maintenance contracts. The plaintiff, C.M. Callow performed summer and winter maintenance for the defendant Zollinger, who managed maintenance contracts for several condos (referred to as Baycrest). 

The Deception

Baycrest and Callow entered into a two-year winter maintenance contract in 2012. In the Spring of 2013, Baycrest decided they wanted to end the winter contract. The contract allowed for early termination, for any reason, by way of 10 days notice. They did not provide that notice until September of 2013, allowing Callow to act on his impression that the winter contract would be renewed all through the summer of 2013.

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