Courts are continuing to deal with the novel insurance claims resulting from COVID-19 related losses. In Sir Corp v. Aviva, 2022 ONSC 6929, Justice Ramsay of the Ontario Superior Court of Justice recently considered whether an “all-risk” insurance policy, insuring against direct physical loss or damage to property, would cover the losses of a restaurant operator that suffered significant “food and beverage spoilage” due to government mandated COVID-19 regulations.
Plaintiff’s Position
The plaintiff, SIR Corp. Ltd. is a food chain operator which consists of 60 restaurants within Canada, including popular franchises such as Jack Astor’s and Scaddabush. Aviva insured SIR...
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On February 9, our Labour + Employment lawyers provided insight on these current and important topics for human resources professionals:
Covid-19 Orders and New Sick Leave Entitlements (Provincial and Federal)
Mask Policies - Use, Enforcement and Recent Challenges
Update on Vaccination Policies and Enforcement
Safety Plans and WorkSafe Compliance
Please see our webinar materials below.
Recording Presentation
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As previously announced in our May 11, 2021 blog, B.C. introduced changes to the Employment Standards Act, requiring employers to provide 3 days of paid sick leave related to COVID-19.
Effective June 17th, employers in B.C. who are registered for WorkSafeBC insurance coverage and are signed up for the employer online services can submit applications for reimbursement for amounts paid to employees for COVID-19 paid sick leave. Applications can be submitted for wages paid back to May 20, 2021, up until December 31, 2021. The application can be found here on WorkSafeBC’s website.
The Ministry of Labour advises that it can...
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On May 11, 2021, the BC government introduced changes to the Employment Standards Act to require employers to provide 3 days of paid sick leave related to COVID-19. The proposed legislation also creates an annual permanent paid sick leave entitlement commencing January 1, 2022, for any personal illness or injury for employees who have worked a minimum of 90 consecutive days. The number of paid sick days under this permanent program will later be set out in regulations.
The temporary COVID-19 paid sick leave, which is available to both full-time and part-time employees, will end on December 31, 2021. The...
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On April 27, 2021, the BC Government passed into law an amendment to the Employment Standards Act (Bill 3-2021) granting employees paid leave to receive their COVID-19 vaccination. The amendment is retroactive to April 19, 2021. The amendment provides that employees, no matter how long they have been employed, are entitled to paid leave for up to 3 hours to be vaccinated against COVID-19. The paid leave is for each request, so the employee is eligible for paid leave for vaccination for getting all necessary doses, where required for that type of vaccine. An Employer can request sufficient proof...
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Effective April 1, 2021, changes were made to B.C.’s Employment Standards Regulation, providing employees with unpaid, job-protected leave to receive their COVID-19 vaccine, or to assist a dependant in being vaccinated against COVID-19. The Ministry of Labour says it will explore options to provide employees with paid leave while getting their vaccine meaning that more changes may be coming. Leave is also expanded to cover employees more susceptible because of medical conditions. An employee is entitled to these leaves for as long as the circumstances apply to the employee.
A dependant, for the purposes of this leave, now includes (in...
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With the Provincial vaccination delivery programs being implemented across Canada, now is the time for employers to draft and implement a mandatory COVID-19 Vaccination Policy (CVP) as a condition of continuing employment. Here, we review the considerations necessary to ensure your CVP is reasonable, necessary, and flexible so that it is both enforceable and creates a safe work environment.
Can an employer lay off or terminate an employee if they refuse to get vaccinated?
For an employer to lay off or terminate an employee who refuses to get vaccinated, the employer must invest in ensuring that its mandatory COVID-19 Vaccination Policy...
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10 billion doses of COVID-19 vaccine will likely be needed for 7.8 billion people worldwide. Supply chains around the world are being pushed to their limits to immediately deliver a cold-stored vaccine which is also the hottest commodity on the planet. The keyword being DELIVER.
Governments around the world are setting plans in motion to ensure that logistics providers are in place and ready to deliver the vaccine all across the country.
But what does that mean for transportation on the ground, in the air and by sea?
In Canada, the Public Health Agency of Canada (“PHAC”) is sourcing Logistics Service Providers...
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