Articles 2025

Overview of the provincial government's plan to grow the size of the Greenbelt.

In this case, decided by the Supreme Court on May 21, 2021, the Supreme Court of Canada confirmed that a legal right is required for a court to intervene in a decision of a voluntary association, and found that whether such a legal right exists must be determined on a case-by-case basis.

Update on Ontario and federal pension and benefits legislation, regulatory policy and case law.

In The Minister of Citizenship and Immigration v. the Canadian Council for Refugees, 2021 FCA 72, the Federal Court of Appeal overturned the decision of the Federal Court (2020 FC 770), which had found that section 101(1)(e) of the Immigration Refugee Protection Act, S.C. 2001, c.27 (the “Act”) and section 159.3 of the Regulations under the Immigration and Refugee Protection Regulations, S.O.R./2002-227 (the “Regulations”), infringed section 7 of the Charter.

A recent decision from the Ontario Court of Appeal upheld the Divisional Court in its finding that a decision of the Pay Equity Tribunal, which found that continued the use of the proxy method to measure pay equity in the nursing home sector was not necessary, was not reasonable. However, a strong dissent signed by two of the Justice suggests this may not be the last word on the matter.

The recent Order, which imposed a hotel quarantine requirement for travellers returning to Canada by air, has been tested in two recent decisions. The Superior Court of Justice and Federal Court of Canada each considered the constitutionality of the new measures to prevent the spread of Covid-19: Canadian Constitution Foundation v Canada (AG) (“CCF”), and Spencer v Canada (AG) (“Spencer”). Injunctive relief was refused in both decisions. This note summarizes and compares CCF and Spencer.

The Ontario government passed Bill 284, COVID-19 Putting Workers First Act, amending the Employment Standards Act to require employers to provide employees with up to three days of paid leave if they miss work for reasons related to COVID-19. All employers should review the amendments to the ESA and review existing policies and practices to address the availability of this paid leave.

The Federal Court ordered that the Minister is authorized to impose on Coinsquare a requirement relating to unnamed persons.  The result is that Coinsquare must produce the requested documents and information about its customers to the CRA.