
Legal Blog: Covid-19
Dora Konomi’s Article on Attorney at Work, “How to Stay Productive While Working from Home: 10 Tips that Work for Me”
As a young associate who is constantly learning to navigate the law, I am living in a brave new world with no precedent to guide me. The courts are closed. Our physical office is semi-closed. My dedication to work and my desire to continue serving our clients, however, are unchanged and remain wide open. The question becomes: How to stay productive in these unpredictable and tumultuous times?
Allison Speigel’s Open Letter to the Legal Profession & the Ministry of the Attorney General: How Courts Can Step up to Save Drowning Civil Justice System
Our civil justice system was drowning before the COVID-19 crisis hit. It was being pushed under by the weight of our overly complicated rules; a scarcity of resources; and, perhaps most importantly, a lack of innovation and willingness to change. It costs far too much and takes far too long to litigate a claim. Most Ontarians have been priced out of accessing civil justice.
COVID-19 UPDATE
Speigel Nichols Fox LLP remains open for business and is operating at full capacity. We are committed to helping our clients navigate this new ever-changing unwelcome reality. Our firm’s commitment to operating in a mostly paperless environment and our long-standing use of technology has made the transition to a remote environment fairly seamless. We will continue to provide our clients with the same high quality advice we always have.
Continue Reading >Susanne Balpataky Discusses the “Top 5 Things Employers Need to Know During COVID-19” – Podcast
On April 12, 2020, Susanne Balpataky, a partner at SNF and employment expert, appeared on the radio show, the Doralicious Show for Agape Greek Radio, which aired in Toronto on 1690AM and in Ottawa on 97.9FM. She and Dora Konomi, an associate of SNF and the host of the show, discussed legal considerations for employers during COVID-19, including issues surrounding the laying off of employees, the 75% wage subsidy, constructive dismissals, and much more.
You can find the podcast here.
If you have any questions please contact Susanne at susanne@ontlaw.com.
Continue Reading >Holdback Payment and Limitation – Updated
On April 2, 2020, I notified you that the Ontario government enacted a regulation (73/20) suspending any limitation period for the duration of the emergency (commencing March 16, 2020). This created major problems regarding claims for lien, perfection of actions, and the distribution of holdback funds. I advised: “Accordingly, for the moment, payors cannot safely pay holdback – even assuming that the payors have received the holdback from other payors one rung above them on the construction ladder.”
By order in Council made April 9, 2020, the Ontario government amended O Reg 73/20 by removing its applicability to the Construction Act and its regulations on and after April 16, 2020. By doing so, the government implicitly recognised that O Reg 73/20 did apply to the Construction Act to extend times to preserve and perfect a claim for lien. Accordingly:
Continue Reading >Holdback Payment and Limitation
On March 20, 2020, the Ontario government suspended any limitation period for the duration of the emergency. A copy of that regulation can be found here. This is an example of the law of unintended consequences.
It makes perfect sense for the usual run-of-the-mill limitation period (i.e. commence an action within 2 years of the day that the cause of action arose, subject to discoverability). It does not make sense for the provision of the Construction Act mandating the date upon which a claim for lien must be preserved. This date is crucial to the flow of money on a construction project. Holdback cannot safely be released until after the basic preservation dates for all liens have passed, be it 45 days or 60 days depending on whether the old Act or the new Act applies. If a payor cannot safely pay the holdback – because a construction lien could be registered far beyond the basic preservation date (relying on the extension of that date in accordance with the limitation period suspension), then payors will not pay that holdback; similarly, construction financing will not be forthcoming for the holdback.
Continue Reading >Resources for Contractors Navigating COVID-19
HUB International provides 3 steps you can take as a contractor. Click here to read: COVID-19 Construction Safety Plan Guidance.
An article by Revay and Associates Limited discusses the impact of COVID-19 on construction projects. Click here to read: Proactive documentation and monitoring of the impacts of COVID-19 on construction projects.
Continue Reading >Susanne Balpataky Discusses “Employers & COVID-19”
On March 20, 2020, Susanne Balpataky, a partner at SNF and the Chair of the Mississauga Board of Trade, spoke on Sauga 960 AM with David Wojcik, the President of the Mississauga Board of Trade, about COVID-19 and the workplace.
Susanne, who practices employment law, discussed how the pandemic is affecting business owners and answered some of the legal questions with which many employers are now grappling.
You can find the podcast here.
If you are an employer or an employee who might need some direction during the COVID-19 crisis, please contact Susanne at: susanne@ontlaw.com
Continue Reading >