Status of COVID-19 layoffs remains in question after Ontario Court of Appeal decision
Ontario employers have long awaited an answer to the question of whether an employee temporarily laid off for reasons related to COVID-19 can claim constructive dismissal at common law despite legislative provisions deeming such layoffs not to constitute constructive dismissal under employment standards legislation.
Protecting intellectual property rights through international arbitration
We consider the benefits of international arbitration as a dispute resolution mechanism for intellectual property disputes
NY Commercial Division eDiscovery Rule Amendments
In light of the shift to a remote work due to the COVID-19 pandemic, the NY Commercial Division formally amended several rules to address standards and procedures applicable to the shifted focus on electronically stored information.
The mother of innovation: 2021 Commercial Division rule changes
Many of the 2021 Commercial Division rule changes arose from pandemic-related health and safety concerns. However, the changes do far more than merely enable the Commercial Division parts to continue to adjudicate cases.
COVID-19 has made it difficult for many companies to perform some of their contractual obligations, giving rise to a high number of corporate disputes, particularly relating to the application of force majeure and change in law provisions.
US Supreme Court decisions stay OSHA ETS, uphold CMS vaccine mandate
On January 13, the US Supreme Court ordered a stay on the federal OSHA COVID "vaccine-or-test" Emergency Temporary Standard.
Simple sacrifice: Arbitrator rejects anti-masker’s claim to religious exemption from employer safety rule
In Hydro One Inc. v Power Workers Union (O’Reilly), an Ontario arbitrator brought welcome clarity to claims for religious exemptions from COVID-related safety rules.
US Supreme Court to hear ETS and CMS arguments on January 7
SCOTUS scheduled oral arguments on January 7 to address OSHA's COVID "vaccine or test" Emergency Temporary Standard.