Legal Blog: Covid-19

Frustration (2)

The COVID pandemic has spawned a number of cases in which one of the parties to a contract claims that the contract has been frustrated so that the party is no longer bound by its contractual obligations. From what we have read, this argument has not had much success. One such case is FSC (Annex) LP v. Adi 64 Prince Arthur LP 2020 ONSC 5055.

Buy-Sell

A developer and a private equity investor firm entered into a joint venture to rezone and redevelop a Toronto property into condominiums. The developer had a 20% interest; the investor had an 80% interest. The deal was not unusual for the developer; it tended to take minority positions in projects in which it was also able to receive a management and development fee.

Allison Speigel’s Articles: Tips for Preventing Employee Fraud

An economic downturn, an existence based on disconnection, and the prevalence of working remotely have created the perfect storm for employee fraud during COVID-19.

It’s not hard to understand why: your employees may be under intense financial pressure; are more disconnected from you and your business (making it easier to rationalize hurting you); and are likely less supervised than ever before. The convergence of financial pressure, the ability to rationalize fraud, and the opportunity to commit employee fraud, is a recipe for disaster for business owners.

There are endless ways in which employee fraud can be perpetrated: skimming cash, submitting fake expenses, processing payments to non-existent suppliers, stealing inventory, or cooking the books (in some way or another).

The consequences of employee fraud can be devastating, particularly for a small business and its owners. I have seen my clients learn some of the following lessons the hard way.

Susanne Balpataky’s Article: Keys to Emerging from the COVID-19 “She-Cession”

Susanne Balpataky, partner at Speigel Nichols Fox and MBOT Chair 2020, wrote MBOT Magazine’s opening message for its fall 2020 edition. In this article, Susanne addresses the disproportionate impact the pandemic has had on women in the workforce, sometimes referred to as a “she-cession”. Susanne also highlights key elements of a “she-recovery” to ensure women’s success during the pandemic, such as access to childcare and flexible workhours.

If you are interested in the full article, you can access it here.

SNF’s COVID-19 Response

COVID-19 has brought much uncertainty to our workplace office but looking back on the past seven months, our response to this pandemic has been remarkable to say the least! Read this article to see what we did and how.

Susanne Balpataky presents, “The New Infectious Disease Emergency Leave: How it Impacts your Workplace” at MBOT Webinar

On June 25, 2020, Susanne Balpataky, partner with Speigel Nichols Fox LLP, presented at MBOT’s webinar: Getting Back to Work and Understanding the New Normal and discussed the Employment Standards Amendment Act and the new Infectious Disease Emergency Leave Regulation. Susanne highlighted implications, considerations, and exceptions under the new regulation.

The video presentation is available here.

If you or your business have questions regarding employment, please contact Susanne at: susanne@ontlaw.com

Frustration

Once the COVID-19 dust settles, we are going to hear a lot more about the frustration concept. However, like all court cases, it takes one to three years before we start seeing some decisions. Given that the courts are operating at a significantly reduced capacity, even this time estimate could be optimistic. Accordingly, for the moment, we will have to make do with cases arising out of circumstances that took place three years ago. One such case is Perkins v. Sheikhtavi, 2019 ONCA 925.

The Oklahoma Bar Association recommends Dora Konomi’s article

The Oklahoma Bar reshared and recommended Dora Konomi’s article, “How to Stay Productive While Working from Home:10 Tips That Work for Me”, initially published on Attorney at Work.

Dora, an associate with Speigel Nichols Fox LLP, can be reached at: dora@ontlaw.com

You can also find the original article here.

Allison Speigel quoted in “Justice and the pandemic: How Canada ranks” – the Lawyer’s Daily

Allison Speigel, partner with Speigel Nichols Fox LLP, is extensively quoted in Julius Melnitzer’s article, “Justice and the pandemic: How Canada ranks” for the Lawyer’s Daily. The article examines the courts’ response to the pandemic and the future of the civil justice system.

Allison also wrote an open letter to the legal profession and the Ministry of the Attorney General highlighting similar topics, which you can find here.

Read the full article here.

Susanne Balpataky’s Article: “COVID-19 – The Black Swan” on MBOT Magazine

Susanne Balpataky, as MBOT Chair 2020, wrote MBOT Magazine’s opening message for its spring 2020 edition. In a hopeful tone, Susanne reminds Mississauga’s thriving business community of their resilience and MBOT’s role in supporting them through this difficult time. In her message, Susanne also highlights that COVID-19 might have come unexpectedly, but we must remain positive that we will emerge stronger than ever.

Read Susanne’s article here.

Allison Speigel Addressing Issues for Lawyers During the Lockdown – CPD

On April 16, 2020 Allison Speigel, partner at Speigel Nichols Fox LLP, co-chaired the Ontario Bar Association’s CPD entitled “Maintaining Your Litigation Practice in a Remote Work Environment”. Allison addressed issues that lawyers might be facing while working under lockdown during the COVID-19 pandemic.

Watch the video here starting at 57’12.

Find out more about the OBA Civil Litigation Virtual Chat Series here.