The Supreme Court of Canada confirmed that there is no general right in tort protecting against the negligent or intentional infliction of pure economic loss in Canadian law, and that the circumstances where pure economic loss will be recoverable are limited.
Duty of care
The right to disconnect refers to an employee’s right to disengage from work-related communications and other work outside of their normal working hours. Ontario enacted changes to the Employment Standards Act, 2000 (ESA) to enforce this right in organizations with 25 or more employees. The changes received royal assent on December 2, 2021, and require compliance by June 2, 2022.
At first blush, the right to disconnect may appear to be a labour and employment issue. However, IT departments will have significant roles to play in enabling compliance with the letter and spirit of the new requirements.
Organizations will be looking to their IT departments to implement technological or automated solutions. Employers around the globe have implemented solutions including the following, to comply with legislated or voluntary right to disconnect policies:
- Taking mail servers offline after business hours. Anyone emailing the organization receives an automated message that the server is
As some businesses begin to emerge from the worst of COVID-19, they are increasingly turning to their insurance policies to help with their financial recovery. A recent ruling is a reminder that contracts need to be clear; they must say what they mean and mean what they say.