Global coronavirus disease outbreak
Global coronavirus disease outbreak
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COVID-19 Publications

Unpaid Leave for Failure to Vaccinate Not a Termination of Employment

In the first civil case since mandatory vaccination policies have become widely implemented by employers throughout Canada, a British Columbia Court has ruled on the validity of mandatory vaccination policies and an employer's right to place non-compliant employees on an unpaid leave of absence.

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Oct 3, 2022

The Federal Government Suspends its Mandatory Vaccination Requirements

The Government of Canada has lifted its mandatory vaccination requirements for employees in the air, marine and rail sectors.

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Jun 21, 2022

Crosslinx v. Ontario Infrastructure: Turns out that notice means actual notice…

The Ontario Court of Appeal has again emphasized the importance of complying with contractual notice provisions when advancing construction delay claims.

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Apr 4, 2022

BC Lifting COVID Mandates

Significant changes to the Provincial COVID mandates announced in advance of spring break.

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Mar 10, 2022

Coming Soon to a Clinic Near You: Mandatory Vaccination for Private Regulated Health Professionals

The BC Government announced on February 9, 2022 that a new Public Health Order will mandate vaccination for all private regulated health professionals.

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Feb 11, 2022

Remote Working Arrangements: Tax Planning & Pitfalls

Discussion of tax considerations related to remote working arrangements such as appropriate payroll withholding rates and permanent establishment issues.

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Feb 8, 2022

Due Means Due: Ontario Court Considers Effect of Pandemic Measures on New Class Action Mandatory Dismissal Deadline

Ontario court upholds automatic dismissal for delay despite temporary suspension of limitations periods and court closures brought on by the COVID-19 pandemic.

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Feb 2, 2022

Check Out Time: Court Certifies Class Action for Dismissal of Hotel Employees due to the Pandemic

The Supreme Court of British Columbia has certified litigation involving a group of employees terminated for COVID-19 related reasons as a class action

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Feb 1, 2022

Learning to Live with COVID-19: Ontario Releases Amendments Setting Out New Requirements as of January 31, 2022

The Government of Ontario has released the latest amendments to O. Reg 364/20, setting out new requirements for employers as of January 31, 2022.

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Jan 28, 2022
Vaccination QR code

Mandatory COVID-19 Vaccination Policy Upheld

An Ontario arbitrator upheld an employer's vaccine mandate for both a site where a 3rd party obligation existed and a related site with no such obligation.

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Jan 12, 2022
Person packing a box in an office.

Ontario Arbitrators Continue to Uphold Terminations of Employees who Breach COVID-19 Safety Protocols

A recent decision by an Ontario arbitrator further affirmed the notion that dishonesty during COVID screening protocols by an employee can lead to termination.

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Jan 12, 2022
City View

COVID-19 Safety Plans Reinstated for BC Employers

On January 7, 2022, the BC Government announced that BC employers will again be required to implement COVID-19 Safety Plans in their workplaces.

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Jan 7, 2022
QR code vaccine

Quebec: An Employer’s Right to Request its Employees’ Vaccination Status

This article discusses an employer's right to request its employees' vaccination status.

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Dec 13, 2021
Judge's Gavel

Federal Court Denies Injunction to Suspend Federal Government’s Supplier Mandate

The Federal Court of Canada recently dealt another blow to those challenging workplace vaccine mandates when it denied an interlocutory injunction that would have suspended the implementation of the federal government’s COVID-19 mandatory vaccination requirement for suppliers.

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Nov 30, 2021

You Can’t Get There From Here: Vaccination Mandates in the Transportation Sector

Federal government announces details of mandatory vaccination for air, marine and rail travellers

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Nov 29, 2021

Paid Sick Leave for BC Employees: What We Know So Far

With effect from January 1, 2022, employees in British Columbia will be entitled to 5 days paid sick leave.

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Nov 26, 2021
Commercial building

Vaccine Mandates by Commercial Landlords: Are They Permitted and What Are the Risks?

In this bulletin, we address whether landlords have the right to implement a vaccine mandate and the risks arising from restricting tenants and their employees.

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Nov 12, 2021
Person getting a vaccination

Mandatory Vaccination Policy: “Reasonable, Enforceable”

A labour arbitrator upheld an employer’s mandatory vaccination policy, finding the policy to be reasonable and enforceable.

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Nov 11, 2021
Empty boardroom

Business Interruption Losses: Who is to Pay during the Pandemic?

Insurance coverage for business interruption losses has become a notable subject of litigation as pandemic-related claims make their way through the courts.

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Nov 8, 2021
construction worker getting vaccinated

Vaccination Mandates in the Construction Industry – What You Need to Know

An overview of vaccination mandates in the Construction industry and what you need to know.

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Oct 12, 2021

Mandatory Vaccinations for Public Service and Health Care Visitors

Mandatory vaccinations for public service and health care visitors in British Columbia.

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Oct 8, 2021
People wearing face masks

British Columbia Reinstates Facemasks in Indoor Public Settings

British Columbia Reinstates Facemasks in Indoor Public Settings

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Aug 25, 2021
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Impending Implementation of Ontario’s Inclusionary Zoning Regime in Toronto and the GTA

An overview of inclusionary zoning policies and their impending implementation in Toronto and the GTA.

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Jun 25, 2021
Business man

COVID-19-related Layoffs Not Grounds for Constructive Dismissal

An Ontario Superior Court of Justice judge has ruled that a temporary layoff related to COVID-19 is not grounds for constructive dismissal.

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Jun 11, 2021
Passport picture

Canadian Privacy Commissioners Issue Joint Guidance on Vaccine Passports

Commissioners warn that privacy considerations must be “front and centre” as organizations develop and implement vaccine passports in the coming months

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May 25, 2021
Water splash

Crosslinx v. Ontario Infrastructure: Turns out the Pandemic is an Emergency…

The public sector’s hardline view of risk allocation in P3 contracts suffered a serious setback with the release of the Crosslinx decision.

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May 25, 2021
Opened door

Commercial Leases During the COVID-19 Lockdown: Where are we Headed?

Ontario has also passed legislation to protect commercial tenants.

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May 17, 2021
Hourglass with blue sand

Paid COVID-19 Sick Leave for British Columbia Employees

The British Columbia government has announced proposed amendments to the Employment Standards Act to provide for paid sick leave.

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May 12, 2021
Speakers

April 30 Update: Amendments to Policy Statement 5 and Policy Statement 6- Extension of the Early Marketing Period in Response to COVID-19

This bulletin outlines the recently announced amendments to Policy Statement 5 and Policy Statement 6 by the Office of the Superintendent of Real Estate.

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Apr 30, 2021
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Ontario to Provide for Temporary Paid Sick Leave

Ontario has announced temporary paid sick leave for all employees. Here is what employers should know.

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Apr 30, 2021
Mask

Paid Vaccination Leave Now Officially Law in British Columbia

Bill 3 entitles BC employees to paid leave for up to 3 hours for each COVID-19 vaccination.

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Apr 28, 2021
Canadian bills

Budget 2021: Extension of Wage & Rent Subsidies

Budget 2021 proposes the extension of both the Canada Emergency Wage Subsidy (“CEWS”) and the Canada Emergency Rent Subsidy (“CERS”).

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Apr 23, 2021
Vaccine

Paid Vaccination Leave Proposed for British Columbia Employees

The British Columbia government has proposed an amendment to the Employment Standards Act to permit employees to take paid leave to get vaccinated.

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Apr 19, 2021
Paper and stationary

Is COVID-19 Government Assistance No Strings? No Way! All Lobbyists Have Reporting Requirements

Applying for and/or receiving COVID-19 financial assistance creates reporting obligations for all lobbyists. Have you updated your lobbyist registration lately?

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Apr 19, 2021
For lease sign

Commercial Landlord and Tenant Insolvencies: The Need to Know for Sub-tenants

As the COVID-19 pandemic continues on, it is particularly important for sub-tenants and landlords to consider the ramifications of an insolvent head-tenant.

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Apr 13, 2021
BC Skyline

British Columbia Employers Now at Risk of Expedited Workplace Closures

Effective April 12, 2021, health authorities will have the power to order the temporary closure of businesses as a result of COVID-19 outbreaks in the workplace

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Apr 12, 2021
Face mask

Personal Opinions Regarding Effectiveness of Masks Insufficient to Ground a Valid Human Rights Complaint

The British Columbia Human Rights Tribunal has dismissed another complaint relating to a refusal to wear a mask based on religious belief and employment.

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Apr 11, 2021
Vaccine bottles

New Job-Protected Leave Announced for British Columbia Employees to Get Vaccinated

New job-protected leave announced for British Columbia employees to get vaccinated.

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Apr 6, 2021
Mall

A Retailer’s Duty to Accommodate Disabilities That Interfere With a Customer’s Ability to Wear a Face Mask

The BC Human Rights Tribunal has issued its first decision relating to discrimination in the context of mandated mask policies.

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Apr 6, 2021
Face mask beside hourglass

Does COVID-19 Favour a Longer Reasonable Notice Period? Another Court Says Prove It

Marazzato v. Dell Canada Inc. confirms that employees must provide actual evidence of any alleged “economic downturn” caused by the COVID-19 pandemic.

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Mar 29, 2021
Row of Canadian flags

Canadian Government Expands National Security Guidance

On March 24, 2021, Canada’s Minister of Innovation, Science and Industry announced that the government updated its National Security Guidelines.

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Mar 25, 2021
Car tire on road

When the Rubber Hits the Road: Practical Guidance for Automotive Companies to Comply with CUSMA

USMCA, CUSMA, T-MEC, CPTPP, Free Trade Agreements, Automotive Industry, International Trade, Duties, Global Affairs Canada.

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Mar 3, 2021
Numbers

More Clarity About the Impact of COVID-19 on Reasonable Notice Periods

Iriotakis v. Peninsula Employment Services Limited is the latest case to consider the impact of the COVID-19 pandemic on reasonable notice periods.

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Feb 17, 2021
Building

Best practices for commercial landlords facing tenant insolvencies (adapted to the Province of Québec)

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

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Feb 16, 2021
Building

Best Practices for Commercial Landlords Facing Tenant Insolvencies

Many commercial landlords are increasingly alarmed that COVID-19 may cause a surge in tenant bankruptcies or restructurings.

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Feb 4, 2021
Numbers

Court Considers Impact of COVID-19 Pandemic on Reasonable Notice Periods

Ontario’s Superior Court of Justice has issued a decision dealing with the COVID-19 pandemic and its impact on reasonable notice periods.

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Jan 30, 2021
Buildings

When COVID met MAE in the Ordinary Course: Ontario Court Orders Buyer to Complete its M&A Transaction

The recent decision of the Ontario Superior Court of Justice in Fairstone Financial Holdings Inc. v Duo Bank of Canada has established an important precedent for the interpretation of material adverse effect clauses and covenants to carry on business in the ordinary course, both of which are common features of M&A transaction agreements.

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Jan 13, 2021
Toronto skyline

Toronto Announces Reporting Obligation and Enhanced Measures for Employers

Citing rising cases in the city and increased strain on hospitals, the City of Toronto has enacted further measures to fight COVID-19, which include new requirements for employers.

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Jan 4, 2021
Vaccine bottles

Mandatory Vaccination Policies for Employees: Enforceable or a Shot in the Dark?

There are vaccines, and there will be (at some point) enough for everyone in Canada to receive it. But what happens if your employees refuse to be vaccinated?

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Dec 23, 2020
Desk with computer

CRA Simplifies Process for Deducting Work from Home Expenses

The CRA has announced two new permitted approaches for employers to claim deductions in respect of home office expenses incurred in 2020.

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Dec 22, 2020
Snowy Mountains

Canada Freezes Shandong out of the Arctic

Canada blocked Shandong Gold's acquisition of TMAC Resources following a national security review under the Investment Canada Act.

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Dec 22, 2020
Calendar

Ontario Extends COVID-19 Period to July 3, 2021

Ontario has extended its COVID-19 period to July 3, 2021, providing relief to employers required to implement pandemic-related layoffs or wage reductions.

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Dec 18, 2020
Covid Map

COVID-19: Expedited Examination of Canadian Trademark Applications

CIPO is now taking requests to expedite the examination of Canadian trademark applications related to COVID-19 goods and services.

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Dec 16, 2020
Hands holding box

Sick, Lies, and Questionnaire: Arbitrators Uphold Terminations of Employees who Breached COVID-19 Safety Protocols

Two recent labour arbitration decisions held that attending work in breach of employer COVID protocols can lead to termination for cause.

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Dec 9, 2020
Jail fence

Do Not Go Directly to Jail – Just Yet Anyway: Competition Bureau Confirms its View that Buy-Side Agreements between Competitors are not Criminally Unlawful

On November 27, 2020, the Competition Bureau clarified its view that the criminal cartel provisions of the Competition Act do not apply to buy-side agreements.

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Nov 30, 2020
Bull outline

Bears v. Bulls: Secondary Market Securities Class Actions in Ontario

A high-level overview of secondary market class actions under the Ontario Securities.

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Nov 11, 2020

OSFI Outlines Additional Regulatory Adjustments to Foster Financial Resilience and Stability During COVID-19

Further to OSFI's March 27 letter, OSFI announced more adjustments to existing capital requirements for banks and insurers to respond to the impacts of COVID-19

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Apr 15, 2020

OSFI’s Regulatory Adjustments in Response to COVID-19 Impacts

On March 27, 2020, OSFI announced a number of sector-specific measures to support federally regulated banks, insurers and private pension plans.

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Mar 31, 2020

COVID-19 Webinars

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Digital Accessibility Webinar: Demystifying WCAG 2.0 and Other Best Practices

As a result of COVID-19, Canadians have never been more reliant on websites, web-based apps and web services to carry-out essential activities.

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Mandatory Vaccination Policies: Enforceable or a Shot in the Dark? (February 10, 2021)

While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.

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McMillan’s Automotive Industry Webinar Series – Part One

Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.

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McMillan’s Employment and Labour Webinar

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

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Corporate Counsel CPD/CLE Webinar Series: Building Personal and Professional Resilience for Everyone

In the wake of this global pandemic, building personal and professional resilience is (or should be) at the top of your “to-do” list.

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Corporate Counsel CPD Webinar Series: Mental Health in a Legal Workplace – A Story from the Inside

Beth Beattie shares her personal story of living with bipolar disorder while working as a lawyer. She addresses the prevalence of mental illness in law offices and discusses the isolation and stigma associated with it especially during the era of COVID-19.

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Managing Construction Risk in 2020 and Beyond – The Pursuit of Success and the Art of Avoiding the Train Wreck

Understanding how these relationships develop through contractual language, the construction process itself, and the resolution of disputes positions parties to allocate risk effectively, build strong relationships, and complete projects successfully.

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Construction after COVID-19: Finding new Coherence Amid a Shaken Industry

While the pandemic has certainly elevated everyone’s stress level, our present circumstances are forcing the industry to make quick adaptations as it rethinks attitudes and practices that were prevalent mere weeks ago.

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Establishing the New Normal: Return to Work Considerations in the COVID-19 Era

As COVID-19 restrictions begin to loosen in some jurisdictions, employers must consider the return to work process and what that entails.

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Managing Disputes During COVID-19

While disputes are an unavoidable risk of doing business, companies need to know how to protect their interests during this time of uncertainty.

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The Impact of COVID-19 on your Workforce in Canada

This webinar is designed to provide clarity on a range of employment law topics and cover up to the minute government programs.

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“Essential” Workplaces and Services – A National Roundup and Best Practices for Managing Business Closures

This webinar will discuss the nationwide impacts, rules and regulations for defining “essential” workplaces and services and the closure of non-essential businesses.

The Impact of COVID-19 on the Construction Industry: McMillan Answers Your Questions

This webinar will unpack and address the impacts of COVID-19 on the construction industry and how these impacts can be best managed.

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Managing Tax Matters in the Midst of the COVID-­19 Pandemic

As the COVID­19 pandemic disrupts business operations around the world, in­house tax professionals must strive to adapt to rapidly changing tax requirements and new compliance challenges.

COVID-19 Events

BC Government Published Workplace Safety Order Mandating COVID-19 Safety Plans

On January 20, 2022, the BC Government published the Workplace Safety order mandating COVID-19 Safety Plans for certain BC workplaces.

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Jan 25, 2022
Accessibility keyboard

Digital Accessibility Webinar: Demystifying WCAG 2.0 and Other Best Practices

As a result of COVID-19, Canadians have never been more reliant on websites, web-based apps and web services to carry-out essential activities.

Read More
Mar 4, 2021
Mandatory Vaccination Policies

Mandatory Vaccination Policies: Enforceable or a Shot in the Dark? (February 10, 2021)

While mass vaccination hasn’t arrived, employers are already wrestling with what the rules should be as we start to return to a new normal.

Read More
Feb 1, 2021

Doing business between US and Canada? What you need to know – Part Two

Please join us for part two of two of our featured panel discussions on Immigration and Employment considerations when doing business between US and Canada.

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Dec 16, 2020
Drapeau canadien devant le bâtiment

Doing business between US and Canada? What you need to know – Part One

This is part one of two of our featured panel discussions on Immigration and Employment considerations when doing business between US and Canada.

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Dec 15, 2020

McMillan’s Automotive Industry Webinar Series – Part One

Join us for McMillan’s Two Part Automotive Industry Webinar Series, and hear from speakers from Transport Canada, McMillan Vantage, and McMillan LLP on policy points, legislative updates, regulatory issues, and other important developments spanning the industry.

Read More
Dec 2, 2020

McMillan’s Employment and Labour Webinar

This annual workshop addresses significant legal developments and provides practical advice on responding to employee issues.

Read More
Nov 10, 2020

Corporate Counsel CPD/CLE Webinar Series: Building Personal and Professional Resilience for Everyone

In the wake of this global pandemic, building personal and professional resilience is (or should be) at the top of your “to-do” list.

Read More
Oct 28, 2020

Corporate Counsel CPD Webinar Series: Mental Health in a Legal Workplace – A Story from the Inside

Beth Beattie shares her personal story of living with bipolar disorder while working as a lawyer. She addresses the prevalence of mental illness in law offices and discusses the isolation and stigma associated with it especially during the era of COVID-19.

Read More
Oct 6, 2020