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COVID-19: Canadian Employment Law Reaction

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The COVID-19 outbreak has led to unprecedented challenges for Canadian employers.  Businesses that operate in Canada face new requirements under provincial and federal laws, including from employment standards, occupational health and safety, and travel restrictions. Further, these requirements have been changing daily as Canadian legislators enact new laws and benefit programs in response to COVID-19. Businesses have been navigating these requirements to reduce wage costs, continue operations and avoid exposure to future legal claims. In this article, we outline some common questions relating to steps businesses in Canada have been taking. 1. What are the general duties of employers at the... Read More

Update: Limiting Exposure from Exposure: Liability of Essential Service Providers in the Context of COVID-19

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On April 22, 2020, Mike Farnworth, Minister for Public Safety and Solicitor General for the Province of British Columbia, executed Ministerial Order No. M120 “Protection Against Liability (COVID-19) Order No. 2” (the “New Order”), which replaces Ministerial Order No. 094 “Protection Against Liability (COVID-19)” issued on April 2. Like its predecessor, the New Order protects essential service providers from liability for claims arising from COVID-19 exposure and infection that occur in the delivery of those services, provided that they have followed all recommended guidelines to protect against infection. Under the terms of the New Order, there is no change to... Read More

COVID-19: New Mandatory Self-Isolation Requirement – Top 5 Tips Employers of Workers under the Temporary Foreign Worker Program Need to Know

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On March 24, 2020, the federal government clarified its position on self-isolation for all persons entering Canada by air, sea or land. The details were provided in the Order of Council for Minimizing the Risks of Exposure to COVID-19 in Canada Order (Mandatory Isolation) (“OIC”). Pursuant to the OIC, from March 25, 2020 to June 30, 2020, all persons entering Canada must self-isolate for 14 days and monitor for signs and symptoms of COVID-19, unless they meet one of the exemptions from the mandatory self-isolation requirement, such as essential transportation workers (i.e. truck drivers, rail or air crew) and workers... Read More

Protecting Your Organization from Cyber Attacks While Implementing COVID-19 Remote Working Protocols

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Due to the global pandemic brought to you by COVID-19, businesses and organizations are shifting their operations to home work environments. Meanwhile, opportunistic cyber criminals are capitalizing on the coronavirus to roll out a series of new scams to collect sensitive information and steal money. Widely reported examples include cyber criminals mimicking reputable organizations such as the World Health Organization or public health authorities to trick users to give up their email and password credentials, or to download malicious software enabling the attacker to gain access to the organization’s computer systems. Cyber criminals are also mimicking tax authorities and inviting... Read More

Limiting Exposure from Exposure: Liability of Essential Service Providers in the Context of COVID-19

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We are all aware that the world has recently undergone dramatic changes as a result of the novel COVID-19 pandemic. As the situation unfolds, one of the unique challenges for insureds providing essential services in British Columbia is their risk of uninsured liability for claims arising from COVID-19 exposure and infection. Essential service providers are defined as those “daily services essential to preserving life, health, public safety and basic societal functioning”. Accordingly, a wide range of industries and occupations have been deemed essential in managing the COVID-19 crisis, including healthcare services, pharmacies, law enforcement and businesses providing support to police... Read More

Going Viral: A Landlord’s Guide to Balancing Privacy Rights with Reporting COVID-19 in a Rental Building

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Talkative Towers is a multi-unit residential rental building in Vancouver, British Columbia. This week, the rental property manager received a report from one of its residents that they tested positive for COVID-19. The rental property manager wonders: What obligations do I have to share this report with the other Talkative Tower residents? What obligations do I have to the resident to protect their privacy? Before any report of COVID-19 “goes viral” in a rental building, it is important to strike a balance between protecting a resident’s privacy rights and performing a landlord’s duty to manage a health risk in... Read More

COVID-19: New Aviation Regulations

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The global COVID-19 pandemic has had a significant impact across all industries, but few have been affected as severely as aviation. Since mid-March, various aviation regulatory bodies have published a number of emergency interim orders and guidance materials in response to the pandemic. This article provides a brief overview of a few of the recent measures passed by the government. Health Check On March 27, 2020, the Minister of Transport issued an interim order requiring air carriers to take certain steps to screen passengers prior to boarding domestic flights and international flights departing Canada. Beginning on March 30, 2020, operators of... Read More

Builders Liens during the COVID-19 Emergency – Protect your Lien Rights

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Please note the most recent update to this Act on our April 9, 2020 blog post, "Builders Lien Act Exempted from Suspension of Limitation Periods." By order dated March 26, 2020, the Minister of Public Safety and Solicitor General made an order that: Every mandatory limitation period and any other mandatory time period that is established in an enactment or law of British Columbia within which a civil or family action, proceeding, claim or appeal must be commenced in Provincial Court, Supreme Court or Court of Appeal is suspended. In basic terms, limitation periods, which are provided for in the Limitation Act,... Read More