Canadian Lawyer

July/August 2020

The most widely read magazine for Canadian lawyers

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www.canadianlawyermag.com 31 Cited by the Supreme Court of Canada Available risk-free for 45 days Online: store.thomsonreuters.ca Call Toll-Free: +1 800 387 5164 In Toronto: 416 609 3800 Print + ProView eBook* Order # 30846731 $642 2 volume looseleaf supplemented book + eBook* Anticipated upkeep cost – $480 per supplement 4-6 supplements per year Supplements invoiced separately Print only Order # 30842908 $642 ProView eBook* only Order # 30912733 $584 Prices include shipping and handling. Price(s) subject to change without notice and subject to applicable taxes. Canadian Employment Law Stacey Reginald Ball "The most comprehensive text on em- ployment law in Canada. It is carefully constructed and accurate." Canadian Bar Review More than 7,000 cases cited Canadian Employment Law is a one-stop reference that provides a thorough survey of the law and analysis of developing trends, suggesting potential avenues of attack as well as identifying potential weaknesses in the law. With methodically organized chapters covering the complete range of employment law, this book provides the kind of detailed examination of the facts you can count on. The work includes a Table of Reasonable Notice – a chart that groups together comparable types of positions so you can easily compare length of notice awards. All topics are illustrated with extensive case law and useful footnotes. Choose eBook, Print, or both Experience the freedom and flexibility to work wherever and whenever you want, with or without an internet connection, with Thomson Reuters ProView®, the premier eBook experience for professionals worldwide. *eBook not available to trade bookstores, third-party distributors, and academic institutions. © 2020 Thomson Reuters Canada Limited TR1046942-NM Also available online on WestlawNext® Canada EmploymentSource™ have made no provision in the contract and performance of the contract becomes a thing radically different from that which was under- taken by the contract," says Clarke. "The court is then asked to intervene to relieve the parties of their burden because a supervening event has occurred without the fault of either party." There are also carve-outs in employment standards statutes for unforeseeable events or circumstances. Both New Brunswick and B.C. have indicated that the pandemic may qualify as a statutory exemption for termi- nation notice, although, Clarke adds, not automatically. "That's pretty huge. To me, it's a signal that COVID-19 is a frustrating event at least for the statute," he says. "I can see employers taking the further step and arguing it from a common law perspective . . . which I think will make some of that litigation quite interesting." But with all the possible litigation, the fact that so many businesses have gone insolvent indicates that many employees won't have a case, says Whitten. "There will be thousands of people with what historically would have been great legal claims, but they're not going to have any pocket to pick," he says. "And so the art for employment lawyers and people practising in this area will be not just to take on retainers because the person has a claim but to do a real deep dive as to whether the employer has the finances to satisfy a claim or a judgment in the future." "Employers won't be able to afford to write cheques like they're handing out toilet paper. They're going to be looking for more aggressive counsel." Howard Levitt, Levitt LLP

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