At Fogler, Rubinoff, we believe that making a difference begins with trust. Experience and sound judgment earn it. Client relationships are built on it. Results keep it.

OVERVIEW

Our Publications section is designed to keep you informed. Updated regularly, this section provides articles, position papers, news releases, newsletters and more. Keep abreast of legal issues and developments that are important to you and your business.

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2019

MARCH 08

The OSC's Response to Reduce Regulatory Burden

The Ontario Securities Commission (the "OSC") recently published Staff Notice 11-784 ¾ Burden Reduction (the "Staff Notice") to seek the consultation of stakeholders to address ways the OSC can reduce unnecessary regulatory burdens. The efforts undertaken by the OSC are intended to support the Ontario government's Open for Business Action Plan and can be seen as complementing the existing regulatory reduction projects initiated by the Canadian Securities Administrators (the "CSA") discussed below in the section entitled "Background"...

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MARCH 07

Charter Protection from Mandatory Minimum Fines May Offer Relief Where the POA Won't

A decision delivered on March 4, 2019 by the Québec Court of Appeal in 9147-0732 Québec Inc. v. Director of Criminal and Penal Prosecutions (2019) QCCA373 (CANLII) suggests that proportionality may have more sway under the Charter of Rights than under the Ontario Provincial Offences Act (POA) in providing relief from mandatory minimum fines...

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MARCH 06

Repair & Storage Liens...You've Taken Possession of a Vehicle, Now What?

The RSLA is a great tool and is used regularly by dealers and mechanics throughout Ontario. That said, it is not always the easiest Act to navigate and I hope this article (and my previous articles on the topic) will help demystify the process. 

This article first appeared in the March 2019 Edition of the Ontario Dealer and is republished with permission by the Ontario Dealer.

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FEBRUARY 08

The 2019 Annotated Canada Labour Code

For more than 25 years, Ronald Snyder's Annotated Canada Labour Code has been the "bible" among federal labour practitioners. Ron's annotations provide essential insights into the Code, and make this book the necessary resource for preparing any case before the Canada Industrial Relations Board. This 2019 Edition of the Annotated Canada Labour Code digests the new decisions that have been rendered by the CIRB, OSH Appeal Board, adjudicators, referees and the courts since the publication of last year's Edition.

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FEBRUARY 05

The Tides have Turned with Redwater: Provincial Environmental Obligations have Priority Over Secured Creditors in a Bankruptcy

In the much anticipated decision, Orphan Well Association et al. v. Grant Thornton Limited et al., (Redwater), the Supreme Court of Canada (SCC) held that a bankrupt estate is required to comply with environmental obligations imposed by a provincial regulator before distributing assets to secured or unsecured creditors...

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FEBRUARY 04

Multiple Wills Resurrected

The recent woes of the estates bar in connection with multiple Wills has been resolved positively by the Divisional Court's decision in the Re Milne appeal decision issued on January 24, 2019.

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FEBRUARY 01

The Supreme Court Weighs in on Receiver's Obligations for Orphan Wells

The decision of the Supreme Court of Canada on January 31, 2019 in Orphan Well Association v Grant Thornton Ltd. 2019 SCC 5 could make it much tougher for the oil and gas industry to raise money from major banks...

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JANUARY 09

Weeding Out The Edible, Extracts And Topical Appeal

On December 20, 2018 Health Canada launched a 60-day public consultation on draft regulations to amend Schedule 4 (the "Schedule") to the Cannabis Act (the "Act") to include the following classes of cannabis that can be legally sold in Canada: "edible cannabis", "cannabis extracts" and "cannabis topicals"...

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JANUARY 07

AGCO's Expression of Interest Lottery: Do You Feel Lucky?

The AGCO published, on January 2, 2019, the Rules for the Cannabis Retail Store Licensing Expression of Interest Lottery to select potential operators for the initial 25 retail store authorizations.

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2018

DECEMBER 24

The New Refundable Dividend Tax On Hand Regime

Starting on January 1, 2019, Canadian controlled private corporations earning investment income will be subject to a new set of complex tax rules relating to their refundable dividend tax on hand ("RDTOH") balance...

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DECEMBER 21

An Update on Ontario Disability Support Program (ODSP) Reform

On November 22, 2018, the Ministry of Children, Community and Social Services announced some very vague plans for reform. With respect to ODSP, the announcement stated that the intention was to "[r]edesign [ODSP] to provide annualized income support with far fewer reporting requirements for Ontarians with severe disabilities."

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DECEMBER 18

Cannabis Reboot – Dealing With Shortages in Ontario

The Government of Ontario announced an interim change in direction for the private retail sale of cannabis — including the delay in the application process...

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DECEMBER 13

Deferred Prosecution Agreements Now Part of Canada's Anti-Corruption Landscape

The global battle against corruption began to escalate in the mid-2000s in direct proportion to the rise of the emerging economies. With the United States' dramatically scaling enforcement of its own Foreign Corrupt Practices Act, the stage was set for what has become a global crusade against corruption...

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DECEMBER 13

Taming the Contest Beast – Canadian Contest Law & Practice

Presentation to Canadian Marketing Association

 

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DECEMBER 11

The Ontario Court of Appeal Limits Relief from Mandatory Minimum Fines in Public Welfare Offences — Where do we go From Here?

The Ontario Provincial Offences Act R.S.O. 1990, CHAPTER P.33 (P.O.A.) provides relief from mandatory minimum sentences.

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DECEMBER 11

Dividend Allocations to a Corporate Beneficiary Subject to Part IV Tax in a Share Sale Transaction

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DECEMBER 10

Multiple Wills Make a Comeback

The technique of using multiple wills, which became the standard among estate planning solicitors as a method of limiting the amount of probate fees (now called Estate Administration Tax), took a beating in the Re Milne decision of September 11, 2018.

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DECEMBER 10

Registrar's Standards for the Private Retail Sale of Cannabis: Clarifying the Regulatory Objectives

The Cannabis Licence Act, 2018 and Ontario Regulation 468/18 set out the broad framework of the Ontario regulatory model for the private retail sale of cannabis. This regulatory model has been developed in an unusually quick manner as a result of a substantial change in public policy. The Act and Regulation are discussed in other notes.

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DECEMBER 05

Getting More Innovation In Healthcare Procurement

In an earlier column in this space, I described the Competitive Dialogue as a form of innovation procurement that allows hospitals to generate more value from their procurements...

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NOVEMBER 30

The Law of Charitable and Casino Gaming

Authored by Don Bourgeois, The Law of Charitable and Casino Gaming, is the only comprehensive resource on gaming legislation and jurisprudence in Canada, with insightful analysis and commentary on the Criminal Code, charitable gaming, government gaming and horse racing. The focus throughout the second edition is on regulatory compliance.

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NOVEMBER 30

Marijuana is now legal – Is the sky going to fall?

Business owners across Canada are discussing, and in some cases fretting over, the legalization of marijuana and what it means to their business. As with most changes in the law, preparation is key.  This article first appeared in the November 2018 edition of The Ontario Dealer and is reprinted with permission.

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NOVEMBER 28

Recent Case Tests Anti-SLAPP Provisions in Condo Forum

Condominium communities can certainly be a lively forum for negative and destructive comments. Board members and managers are frequently accused of "receiving kickbacks" or "being on the take," or "acting in bad faith" and engaging in "illegal" methods...

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NOVEMBER 27

Office of the Privacy Commissioner of Canada – PIPEDA Update 2018

Presented at Lexpert 10th Annual Privacy and Data Protection Conference, November 27, 2018, Toronto

 

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NOVEMBER 27

The Digital Economy, Artificial Intelligence and Blockchain

Presented at Lexpert 10th Annual Privacy and Data Protection Conference, November 27, 2018, Toronto

 

 

 

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NOVEMBER 26

Cannabis Law: Commercial Law Issues

Rick Moscone and Eugene Derenyi where contributors to Thomson Reuters' 2019 Cannabis Law - a practical guide to all aspects of the new Cannabis Act (Bill C-45) and regulations.

This timely and unique resource is a practical guide to all aspects of the new Cannabis Act (Bill C-45) and regulations, and the complementary provincial laws and regulations.

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NOVEMBER 20

Some Clarity; Some Fog: Cannabis Licence Act, 2018 Ontario Regulation 468/18

The Cannabis Licence Act, 2018 was enacted in October 2018 and provides for a licensing and regulatory regime for privately-owned and operated cannabis retail stores in Ontario...

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NOVEMBER 20

Condo Meetings — Tips, Tricks, and Reminders

Most of the time, our clients turn a blind eye to the possibility of a lawsuit. Clients will bury their heads in the sand until the fateful moment when the lawsuit becomes an actuality and can no longer be ignored...

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NOVEMBER 20

"This is a Lawsuit Waiting to Happen: Pre-Litigation Tips"

Most of the time, our clients turn a blind eye to the possibility of a lawsuit. Clients will bury their heads in the sand until the fateful moment when the lawsuit becomes an actuality and can no longer be ignored. Despite your best efforts, you might not be able to avoid a lawsuit...

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NOVEMBER 16

One Year After the Amendments to the Condominium Act – Are We Any Better Off?

It's been a rollercoaster year, to say the least, for Ontario's condominium industry in our collective efforts to implement the changes to the Condominium Act, 1998 (the "Act")...

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NOVEMBER 12

Small Modular Reactors Roadmap Published Online by Natural Resources Canada

On November 7, 2018 Natural Resources Canada published an on-line roadmap for discussion on small modular reactors ("SMRs") at https://smrroadmap.ca/.

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NOVEMBER 09

Liquor Laws of Canada

In the publication Liquor Laws of Canada, Don Bourgeois provides a valuable analysis of the constitutional and economic contexts of Canadian liquor laws, giving readers a useful guide for understanding and interpreting the overall legislative framework.
 

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NOVEMBER 02

What the October 2018 Decision on the Site C Dam Means for the "Taking-up" Clause in First Nations Treaties

The West Moberly First Nations were unsuccessful on October 24, 2018 (see 2018, BCSC 1835) in obtaining an injunction against B.C. Hydro and Power Authority from further construction and related activities on the Site C Project...

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NOVEMBER 01

Multiple Wills Alert!

A recent decision of the Ontario Superior Court of Justice (Re Milne) may affect the Wills of clients who have used multiple Wills to reduce probate fees. If you have Primary and Secondary Wills in place, this court decision may put that planning in jeopardy...

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NOVEMBER 01

The Condo Board Bully

Those involved in the condominium industry long enough – directors, condominium managers, contractors or consultants – will inevitably encounter a “Condo Board Bully”...

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NOVEMBER 01

Where There's Smoke There's Fire? Using the Investigation Power Under Corporate Statutes to Combat Corporate Fraud, published in the Annual Review of Civil Litigation

Where There's Smoke There's Fire? Using the Investigation Power Under Corporate Statutes to Combat Corporate Fraud, authored by Bonnie Fish and published in the 2018 edition of the Annual Review of Civil Litigation. Regularly cited by appellate courts across Canada, including the Supreme Court of Canada, the Annual Review of Civil Litigation has been providing leading-edge coverage of the issues that matter to you.

Each article in the 2018 edition is designed to help you understand how new developments in Canadian law will affect your practice. Topics were carefully chosen and written by authors from across Canada. The Annual Review of Civil Litigation 2018 has a truly national flavour, relevant and appealing to litigators in every province and territory.

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OCTOBER 25

What Can be Done when a Regulatory Approval is Granted and than Withdrawn Following a Change in Government?

In Eagleridge International Ltd. v. Newfoundland and Labrador (Environment and Conservation) 2018 NLSC 180, following a change of government, the new Minister of Environment and Conservation withdrew approval for the construction of a gravel road intended to facilitate mineral exploration on lands for which mining licences were held and ordered that the project be subject to a full environmental assessment (EA).

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OCTOBER 25

GDPR & ePrivacy Regulation: Impacts on Canadian Organizations

Presented at the CMAPrivacy: Important Privacy Developments and How They Impact Your Organization.

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OCTOBER 16

The Legalization of Recreational Marijuana – Are You Prepared?

As employers are aware, until October 17, 2018, it is illegal to buy, possess or use cannabis for anything other than authorized medical or research purposes.  However as of tomorrow, medical and recreational marijuana will both be legal - but what is legal?

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OCTOBER 15

Section 7 and "Agreement" - There Must Be a Legally Binding Agreement

In Transalta v. The Queen (2012 DTC 1106) ("Transalta"), the Tax Court of Canada concluded that for the stock option rules in section 7 of the Income Tax Act (the "ITA") to apply there must be a "legally binding agreement" by the corporate employer to issue shares to the employee...

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OCTOBER 12

Multiple Wills: A Little Worse for Wear but Still Worthwhile

Following a handful of disconcerting endorsements in a number of probate applications culminating in the recent decision in the Milne Estates, an issue has been raised respecting the validity of the use of multiple wills in Ontario.

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OCTOBER 12

What Does the Hague Court Of Appeal's Decision in Urgenda Mean for Carbon Emission Regulation in Canada?

The Action On October 9, 2018 the Court of Appeal in the Hague, Netherlands  upheld the District Court's order that the State of the Netherlands reduce CO2  emissions by 25% relative to 1990 levels by the end of 2020...

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OCTOBER 12

Beware of State and Local Taxes on Remote Sales into the United States

The recent decision of the Supreme Court of the United States (the "USSC") in South Dakota v. Wayfair, Inc. (No. 17-494), has substantially expanded the taxation powers of the U.S. States to collect sales tax.

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OCTOBER 10

What Level of Information Does a Proponent Need to Start an Environmental Assessment?

The simple answer is: sufficient information for the regulatory authority to be satisfied they can proceed to evaluate their decision to grant authorization...

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OCTOBER 01

Bill 36 — Approach to Cannabis Retailing in Ontario

The Attorney General introduced Bill 36 on September 27, 2018. This Bill, if enacted, would make significant changes to the previous Government's approach to retailing of cannabis and its use in public areas...

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SEPTEMBER 28

Out of the Chair and into the Fire: New Directive on Ontario's Fire Code

High-rise buildings pose vertical challenges for firefighters.  Recent fires in high-rise buildings have caused fire officials to crack down on the enforcement of the Ontario's Fire Code (which is Regulation 231/07 made under the Fire Protection and Prevention Act, 1997 the "FPPA")...

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SEPTEMBER 21

Bringing Clarity to the Interest Act: The ClearFlow Decision

On September 4, 2018 the Ontario Court of Appeal released its much anticipated decision in Solar Power Network Inc. v ClearFlow Energy Finance Corp.

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SEPTEMBER 14

Preface, 12th Edition of Key Developments in Environmental Law

SEPTEMBER 07

Divisional Court Upholds Tribunal Decision that the Ministry May Order Current And Former Owners, and Tenants to Delineate Contamination that has Migrated Off-Site

On September 4, 2018, Ontario's Divisional Court released its decision in Hamilton Beach Brands Canada, Inc. v. Ministry of the Environment and Climate Change, 2018 ONSC 5010, dismissing an appeal of a September 1, 2017 decision of Ontario's Environmental Review Tribunal (Hamilton Beach Brands Canada Inc. v. Ontario (Environment and Climate Change), 2017 CanLII 57415 (ON ERT)) in which the Tribunal upheld the Ministry's jurisdiction to order current and former owners and tenants of a contaminated property to delineate contamination that has migrated to off-site properties...

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SEPTEMBER 06

Hitting the Mark -- Trademark, That Is!

When you are mistaken for a competitor, your dealership's "something special" becomes someone else's. In Quebec, two dealerships faced this problem when their trade names were similar enough to possibly cause consumer confusion. Read Justin's perspctive in his Common Lawyer column, which was published in the Summer 2018 issue of the Ontario Dealer. Reprinted with permission.

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AUGUST 15

Corporate Veil Lifted In Regulatory Prosecution - Substantial Fine Recoverable From Individual Not Charged

In R. v. 1137749 Ontario Ltd. (operating as Pro-Teck Electric) 2018 ONCJ 502, an appellate court lifted the corporate veil and imposed total fines of $430,000 on the sole shareholder, officer and director of the company, one Antonio Merante, for safety violations under the Electricity Act S.O. 1998, c.18...

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AUGUST 14

Ontario's Evolving Cannabis Retail Model

Minister of Finance Vic Fedeli and Attorney General Caroline Mulroney announced on August 13, 2018 a new "regulated private retail model" for cannabis...

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AUGUST 10

UPDATE: BIG CHANGES TO GIFTS, TRUSTS, AND SAVINGS FOR ODSP RECIPIENTS

Subsequent to the writing of this article, the Ford Government announced that the initiatives announced in Chapter 1, Section 7 of the previous government’s 2018 Budget (which includes the New Regulation discussed in the article) will not proceed at this time.  

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AUGUST 02

Environmental Consultant's Disclaimer of Liability to Vendor Effective Against Third Party Purchaser

On July 23, 2018 the Court of Appeal for Newfoundland and Labrador in the case of Community Mental Health Initiative Inc. v. Summit Lounge Ltd. 2018 NLCA 42 upheld summary judgment dismissing a purchaser's claim against two engineering companies (consultants) alleging negligence in the conduct of a Phase 1 Environmental Site Assessment performed for the vendor.

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JULY 23

Provincial Mining Exploration and Reclamation Permits Withstand Federal Rejection of Project Under CEAA 2012

On June 22, 2018 the B.C. Supreme Court in Canada (Canadian Environmental Assessment Agency) v. Taseko Mines Limited 2018 BCSC 1034 took a narrow view of the scope of federal environmental assessment, leaving it open to the Province of B.C. to authorize preliminary work in relation to a gold-copper mine project which had failed to obtain federal environmental assessment approval...

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JULY 06

Will There Be Trademark Trolls in Canada or Are They Already Here?

The Canadian Trademarks Act amendments, which are allegedly coming into force in early 2019, include the removal of the requirement that a trademark applicant declare that it has been using its trademark before it files the application or before registration in Canada...

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JULY 03

Upcoming Changes to the Construction Lien Act

The construction industry should be alive to the imminent changes to the laws that affect them...

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JUNE 29

Highlights of the New Cannabis Regulations Enacted Under the Cannabis Act

On June 21, 2018, the Cannabis Act (the "Act") received Royal Assent, marking a historic milestone for Canada in that it became the first G7 nation to legalize cannabis. On June 27, 2018, Health Canada released new sets of regulations (the "Regulations"), as summarized below, that support and clarify the Act...

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JUNE 05

The Workplace After Harvey Weinstein & #MeToo

Business owners in organizations of all sizes are examining what sexual misconduct complaints mean for not only their workplaces but their ongoing viability. 

Join us to hear legal and communications professionals outline the steps that organizations, including in their roles as employers, should be taking to not only ensure a harassment-free environment, but also to protect their brand and viability. 

The panel will provide practical tips on what businesses need to do before, in preparation for, and if and when, they are confronted with allegations of harassment in the current  #MeToo context.  Given that all employers have employees, no organization is immune to the potential negative impact of a sexual misconduct complaint.    

Guest Speakers:

  • Sheryl L. Johnson, Labour & Employment lawyer and author of Sexual Harassment: A Guide to Understanding and Prevention
  • Deborah Thompson, President of DT Communications

Details:

Tuesday, June 5, 2018

5:00 Cocktail Reception 
5:30 Presentation/Q&A 
6:30 Networking

Fogler, Rubinoff LLP, 77 King Street West, Suite 3000 TD Centre North Tower

Please RSVP to Kaley Green by Monday, May 28, 2018 at kgreen@foglers.com or 416.864.7628

 If you have questions for our panel please forward them in advance to Kaley Green.

 

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JUNE 01

The Principle About Interest: The Ontario Superior Court of Justice on Section 4 of The Interest Act and the Need to Disclose Interest Rates in Commercial Contracts

The January 2018 Ontario Superior Court of Justice decision of Solar Power Network Inc. v. ClearFlow Energy Finance Corp...

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MAY 25

Limitations Update: Court of Appeal for Ontario Confirms that Discoverability Principles Apply to Claims for Contribution and Indemnity

On May 7, 2018, the Court of Appeal for Ontario released its decision in Mega International Commercial Bank (Canada) v. Yung...

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MAY 24

A GDPR Gap Analysis from a Canadian Compliance Perspective

A Presentation by Bill Hearn, Fabian Seip and David Young at IAPP Canada’s Privacy Symposium 2018

 

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MAY 16

How The Fairness In Procurement Act, 2018, is Ontario's Answer To American Protectionism

As if hospital staff aren't busy enough. The enactment in Ontario of the Fairness in Procurement Act, 2018 (the "Act") on March 8, 2018 will almost certainly ensure that some staff have more to do, especially when regulations are passed that trigger potentially important consequences for both the hospital and the supplier responding to bidding opportunities...

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MAY 15

NAFTA Decision Challenging Canadian EA of Nova Scotia Quarry Project Upheld by Federal Court

MAY 14

New Proxy Form - A Fogler Rubinoff LLP Guide

The Ontario government updated the mandatory Proxy Form and released it on May 10, 2018. This new Proxy Form will need to be used going forward...

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MAY 11

Spring Case Law Update

Used with the permission of the Association of Condominium Managers of Ontario. (c) 2018.

 

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MAY 10

May 2018 Condominium Update (Including New Proxy Form)

The Ministry updated the mandatory proxy on May 10, 2018. This new form will need to be used going forward...

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MAY 10

Workplace Romances – what to do when love turns sour?

Justin Jakubiak and Sheryl Johnson discuss workplace romances in the most recent edition of the Ontario Dealer.

This article first appeared in the May 2018 edition of the Ontario Dealer and was reprinted with permission.

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MAY 09

Ontario’s Standard Form of Residential Lease

As of April 30, 2018, residential tenancies in Ontario that are subject to the Residential Tenancies Act, 2006 (i.e., most apartment, condominium, house and secondary unit tenancies, among others), must use a new standard form of residential lease...

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MAY 08

Dominant Purpose Test In Solicitor Client Privilege Harder To Meet Now

Now that the Supreme Court of Canada has denied leave to appeal in Suncor Energy Inc. v. Alberta (2017) 415 D.L.R. (4th) 499 (Alta C.A.) it will be harder to establish solicitor-client privilege in relation to documentation which was used in litigation...

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MAY 03

What Ontario Employers Need To Know From A Pay Equality Perspective

Upon the 30th anniversary of the Pay Equity Act in 2017 the Pay Equity Office implemented several new initiatives to support its administration and enforcement of the Pay Equity Act...

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MAY 01

Status Certificates Revisited: In Recent Court Ruling How Can a Condominium Corporation Disclose What it Doesn't Know?

A recent Ontario Court of Appeal decision sheds some more light on the effect of the failure to disclose certain declaration violations in a status certificate issued by a condominium corporation...

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APRIL 02

Court Rejects Environmental Consultant's Third Party Claim Against Prior Owners/Occupants

On March 22, 2018 the Ontario Superior Court of Justice in MVL Leasing Ltd. v CCI Group Inc. 2018 ONSC 1800 granted Rule 21 motions striking third party claims brought by an environmental consultant who was being sued by a purchaser of property for professional negligence and breach of contract...

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MARCH 29

The CSA Proposes Tougher Rules For Syndicated Mortgages

The Canadian Securities Administrators (the "CSA") have unveiled new rules addressing syndicated mortgages with the dual objectives of establishing a more consistent framework across the country and enhancing investor protecting through greater transparency...

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MARCH 29

Ecojustice Denied Leave to Intervene as "Friend Of Court"

In a very short but useful decision from Chief Justice Strathy of the Ontario Court of Appeal in Huang v. Fraser Hillary's Limited, 2018 ONCA 277 (CanLII), the Court denied the environmental group Ecojustice leave to intervene in an appeal as a "friend of the court"...

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MARCH 27

Condominium Legislative Changes - Electric Vehicle Charging Systems

The Ontario government has just announced legislative changes dealing with electric vehicle charging systems ("EVCS"), coming into effect on May 1, 2018...

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MARCH 26

Univar Holdco Canada ULC v. Canada - The Relevance Of Alternative Transactions, Subsequent Amendments And Finance Commentary To The GAAR Analysis

On October 13, 2017, the Federal Court of Appeal released its decision in Univar Holdco Canada ULC v. Canada, 2017 FCA 207. The Federal Court of Appeal overturned the decision of the Tax Court of Canada, 2016 TCC 159, and held that GAAR did not apply to the transactions at issue...

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MARCH 26

Capping Political Contributions From Beyond The Grave

Although not a bequest that I often see in my estate planning practice, some people with distinct political leanings have historically taken advantage of an exemption from limits to political contributions in each calendar year by making such contribution in their Wills. Prior to the introduction of Bill C-23, dubbed the Fair Elections Act, which received Royal Assent on June 19, 2014, politically-inclined individuals could take advantage of former subsection 405(2) of the Canada Elections Act, S.C. 2000, c.9 (the "Act"), which permitted unlimited political contributions by way of testamentary disposition...

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MARCH 23

Plain Jane Pot Packaging

On March 19, 2018, Health Canada unveiled its proposed regulations under the Cannabis Act applicable to the packaging and labelling of recreational cannabis following a 60-day public consultation period...

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MARCH 13

Balanced Responses To Allegations Of Sexual Misconduct In The Workplace Are Key

Addressing and responding to sexual misconduct in the workplace is complex and involves many facets...

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MARCH 01

Living In Splendid Isolation: Ten Lessons Learned Enforcing An Ontario Judgment In Mexico

This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico...

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FEBRUARY 21

Repair Loans – Useful Tools, or a Nuisance?

Vehicle repair loans are gaining popularity in Ontario, as are the legal issues and headaches surrounding them. This article was first published in the February 2018 Ontario Dealer Magazine.

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FEBRUARY 21

Pick Your Poison: Supreme Court Finds Bank Liable For Third Party Employee's Fraud

The Supreme Court of Canada has clarified the limits of a major defence available to banks who face liability for processing fraudulent cheques...

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FEBRUARY 13

CSA Staff Notice 51-352 (Revised) - Issuers With U.S. Marijuana-Related Activities

With much uncertainty surrounding the rapidly growing marijuana industry following the rescission of the Obama-era Cole Memorandum, the Canadian Securities Administrators (the "CSA") reiterated a position that bodes well for Canadian issuers involved in U.S. marijuana activities: that a disclosure-based approach remains appropriate in light of the risks posed by an inconsistent legal framework...

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FEBRUARY 09

New Federal Impact Assessment Act

The Canadian Government announced yesterday that they are proposing new rules for conducting environmental assessments to Parliament...

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FEBRUARY 06

Fogler Rubinoff Welcomes Gareth Stackhouse to our Condominium Law Practice

FEBRUARY 05

Value-Based Procurement In Healthcare: Why We Really Need The Competitive Dialogue...Urgently!

It's become a truism that value-based care requires hospitals and other health providers to adopt a different, more proactive mindset towards the treatment of patients...

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FEBRUARY 01

Halsbury's Laws of Canada - Debtor and Creditor

This valuable title deals with the collection by unsecured creditors of debts owed by solvent debtors and discusses the federal-provincial overlap in the area of insolvency that results in many provincial statutes having application to insolvent debtors.

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JANUARY 29

Passing The Torch: Selected Topics In Business Succession Planning

One of the most significant decisions a business owner will make is what should happen with the business upon his or her retirement. This article will touch on some of the considerations that entrepreneurs should think about when beginning to map out the future succession of their businesses...

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JANUARY 26

Introducing An Environmental Expert's Opinion on Judicial Review

On January 18, 2018 the Nova Scotia Supreme Court in Sorflaten v. Nova Scotia (Environment) (2018) NSSC 7 refused to admit the expert opinion of Dr. Douglas J. Hallett, a toxicologist, relating to certain environmental aspects of a Ministerial approved pilot project for burning recycled tires as fuel at a cement plant owned by Lafarge Canada...

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JANUARY 24

What Canadian Businesses Should Know About Europe's New Data Protection Laws

JANUARY 23

Deloitte v. Livent: The Scope Of Auditor Negligence

In Deloitte & Touche v Livent Inc. (Receiver of) 2017 SCC 63 the Supreme Court of Canada revisited the scope of auditor liability for negligence...

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JANUARY 19

Condominium Legislative Changes -- January 2018 Update

The changes to the condominium-related legislation continue to be enacted in various stages. Our office had prepared a "Directors' Guide" to the changes which came into force on November 1, 2017.

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JANUARY 15

Bill 148 Received Royal Assent: Significant Changes To The Employment Standards Act

On November 27, 2017, Bill 148: Fair Workplaces, Better Jobs Act, 2017, received Royal Assent.  Bill 148 makes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995...

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JANUARY 04

In A Spill Both The Carrier And The Receiver Are Potentially Targets For Prosecution

Two plea bargains concluded in 2017 by the Ontario Ministry of Environment and Climate Change, one on February 27 for Trimac Transportation Services Inc., and the second on November 22 for Lafarge Canada Inc.

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2017

DECEMBER 19

Revised Income Splitting Proposals

On July 18, 2017, the Department of Finance released a series of controversial tax proposals aimed at closing perceived tax "loopholes" that involve the taxation of private corporations and their shareholders...

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DECEMBER 18

Google. v. Equustek Solutions

Now that we are 20-some years into the Internet revolution it has become clear that as laws are necessarily tied to a jurisdiction they can appear ineffective when confronted by a globalised suite of technologies that are designed to efficiently route around a locally expressed challenge to data transmission...

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DECEMBER 14

Sunrise Propane Appeals Against Conviction and Fines Dismissed

Another chapter in the saga of Sunrise Propane came to a close at the end of November when the Ontario Superior Court dismissed all appeals under environmental and occupational health and safety laws from the convictions and fines totalling more than 5million dollars.

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DECEMBER 08

What a Family Lawyer Must Know About PIPEDA

Paper presented by Milton Davis and Kyle Kuepfer, at the LSUC Six Minute Family Law Lawyer.

 

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DECEMBER 05

ERT Forces Settled Appellant And Director To Seek Submissions Of Public At Pre-Hearing Conference

In SEJJ Environmental Solutions Inc. v. Ontario (Environment and Climate Change)[1],  a decision of the Ontario Environmental Review Tribunal released on November 24, 2017, the Tribunal forced an appellant and the Ministry Director who settled the appellant's appeal before any Pre-hearing Conference had been held, and before any other "parties, participants or presenters" had been identified by the Tribunal, to essentially seek the input of these third parties before it would consider approving the settlement...

 

[1] SEJJ Environmental Solutions Inc. v. Ontario (Environment and Climate Change), 2017 CanLII 80040 (ON ERT).

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DECEMBER 05

Sexual Harassment in Ontario’s Dealerships

Justin Jakubiak discusses how harassment can quickly turn ugly and can severely impact employee morale, your reputation and your pocketbook in his article "Sexual Harassment in Ontario's Dealerships".

First Published in the November 2017 Issue of the Ontario Dealer.

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NOVEMBER 30

Blockchain – The Promise and the Perils

Presented at Lexpert’s 9th Annual Information Privacy and Data Protection Conference, November 30, 2017, Toronto

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NOVEMBER 30

CASL Update

Presented at Lexpert’s 9th Annual Information Privacy and Data Protection Conference, November 30, 2017, Toronto

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NOVEMBER 30

The General Data Protection Regulation (GDPR) – Implications for Canadian Organizations

Presented at Lexpert’s 9th Annual Information Privacy and Data Protection Conference, November 30, 2017, Toronto

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NOVEMBER 30

LEXPERT’s 9th Annual Information Privacy and Data Protection Seminar

Bill Hearn, Howard Burshtein, Ron Davis, Sheryl Johnson, Rob Macdonald, Rudy Morrone, Young Park, Colleen Spring Zimmerman and Ravi Shukla will be speaking at LEXPERT’s 9th Annual Information Privacy and Data Protection Seminar. This full day course will highlight:

  • Big Data and Other Developments in the Public Sector and Elsewhere
  • General Data Protection Regulation (GDPR) - Implications for Canadian Business
  • Privacy Litigation Cases - Recent Developments
  • Blockchain - The Promise and The Perils
  • OPC Compliance Priorities and Strategic Directions
  • Cyber Risk Management Guidance for Corporate Directors
  • Issues in Employee Privacy
  • CASL Update

For more information, Click Here to view the Seminar Brochure

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NOVEMBER 27

Vin For The Win: Bill 154 Enhances Clarity Surrounding Errors In Motor Vehicle Registrations

On September 14, 2017, the Ontario government introduced Bill 154, Cutting Unnecessary Red Tape Act, 2017 (the "Act"). The Act received Royal assent on November 14, 2017. The Act is part of the government's initiative to "cut unnecessary red tape" in respect of over 100 pieces of Ontario legislation in order to help businesses save time and money.

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NOVEMBER 17

The Rise Of The Trade Agreements: New Obligations, New Opportunities

One of the conditions by the members of the European Union for launching into free trade negotiations with Canada in 2009 was that local government procurement — the so-called subnational level of government — be included within the scope of the negotiations...

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NOVEMBER 09

Palmer & Snyder: Collective Agreement Arbitration in Canada, 6th Edition

Collective Agreement Arbitration in Canada addresses workplace issues in the unionized context, providing unparalleled analysis on all major collective agreement concerns and policy. One of the most cited authorities in labour arbitration and court decisions. Includes the full spectrum of workplace issues:

  • Discipline and discharge
  • Investigations
  • Social media misconduct
  • Privacy Issues
  • Insubordination
  • Sexual and personal harassment
  • workplace violence
  • Incompetence and incapacity dismissals
  • Drug and alcohol testing
 

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NOVEMBER 07

Wills, Powers of Attorney for Property and Powers of Attorney for Personal Care

Most people are hesitant when it comes to dealing with their Wills and Powers of Attorney. Death and Disability are not easy subjects to deal with. Unfortunately, these are realities that are better dealt with than not...

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NOVEMBER 03

Ontario Court Of Appeal Sets Aside Security For Costs Order In Yaiguaje v. Chevron Case

In a decision released on October 31, 2017, a three judge panel of the Ontario Court of Appeal overturned a September 21, 2017 decision by the Court of Appeal motions judge that required the Ecuadorian plaintiffs in this case to post $942,951 as security for costs as a condition of proceeding with their appeals to the Court of Appeal...

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NOVEMBER 01

November is Make a Will Month

Throughout November, Make a Will Month will see more than 40 legal information sessions presented by OBA members, including Mary Wahbi and Kathryn Balter of our Wills & Estates group, at libraries and community hubs in Toronto, Ottawa, Hamilton and Cambridge.

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OCTOBER 31

"Bracing For Impact" - November 1, 2017 Changes - Condominium Legislation Update

Many changes to the Condominium Act, 1998 and related legislation are due to come into force tomorrow, November 1, 2017. Are you ready?

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OCTOBER 30

Estate Planning – Regular Check-Ups Required! Part IV– Changes In Tax Laws

In the first three editions of Estate Planning – Regular Check-Ups Required!, we discussed how changes in your assets, changes in your family life and relationships, and changes in estate laws may require that you review and revise your estate planning documents...

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OCTOBER 27

Ontario Today Releases Its Long-Term Energy Plan (LTEP): The Focus On Nuclear

With all the fanfare about renewable energy, the report released by the Ontario Government on October 26, 2017, is illuminating...

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OCTOBER 24

Changes To The TSX Company Manual On Website Disclosure Rules And Equity Compensation Plans Come Into Force

Following the completion of two comment periods in May 2016 and April 2017 respectively, the Toronto Stock Exchange ("TSX") finalized amendments to Parts IV and VI of the TSX Company Manual (the "Manual")...

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OCTOBER 18

TMX Group and CSA Provide Guidance To Canadian-Listed Cannabis Issuers With Connections To The U.S.

On October 16, 2017, the TMX Group, which operates the Toronto Stock Exchange (TSX) and the TSX Venture Exchange (TSXV), issued a Staff Notice which advised that with regard to the listing requirements of the TSX and TSXV, United States (U.S.) federal law shall take precedence over state laws that have legalized cannabis medically and/or recreationally...

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OCTOBER 16

Estate Planning – Regular Check-Ups Required! Part III – Changes In Estate Laws

In previous editions of Estate Planning – Regular Check-Ups Required!, we discussed how changes in your assets and changes in your family life and relationships may require that you review and revise your estate planning documents...

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OCTOBER 13

Advertising & Marketing: Canada 2017

Bill Hearn has authored the Canada chapter in Getting the Deal Through's annual Advertising & Marketing Guide

This guide seeks to provide local answers to international questions concerning advertising and marketing law. Chapters provide expert advice on the legislation and regulation of advertising and marketing, including the legislative processes arising from advertising disputes and challenges, the regulation of misleading advertising and the control, prohibition and restrictions in place on certain type of goods and services and to certain audiences, regulations affecting direct and indirect marketing and promotion, and up-to-date analysis of social media and the latest advertising trends.

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Advertising & Marketing 2017, (published in June 2017; contributing editor: Rick Kurnit, Frankfurt Kurnit Klein & Selz, PC) For further information please visit www.gettingthedealthrough.com.

 

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OCTOBER 12

Significant Restrictions To The Voluntary Disclosures Program

The Voluntary Disclosures Program (VDP) is a "tax amnesty" program administered by the Canada Revenue Agency ("CRA")...

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OCTOBER 11

Managing Prosecution Risk When Regulators Issue Permits Or Orders

A recent decision from the Yukon Territorial Court is a reminder of how important communication between the regulator and the regulated can be...

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OCTOBER 06

Cannabis Edibles Coming to Canada

On October 3, 2017, the Standing Committee on Health (HESA) voted for an amendment to Bill C-45 (Cannabis Act) that would allow for the availability of cannabis edibles and concentrates within 12 months of the Cannabis Act coming into force. The amendment will need to be approved by the House of Commons.

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OCTOBER 04

Bill 148: Proposed Changes to the Ontario Labour Relations Act

If Bill 148 passes in a form similar to that which is before the Legislature, the following amendments would apply to the Ontario Labour Relations Act ("OLRA") six months after it comes into force...

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OCTOBER 03

Medical Device Manufacturer's Duty To Warn

OCTOBER 03

Estate Planning – Regular Check-ups Required! PART II– Changes in Family Life and Relationships

As a general rule of thumb, we suggested that if your estate planning documents are more than three to five years old, it's time to review and up-date them. This is the second article in a four-part series on wills and estate planning.

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SEPTEMBER 30

Criminal Law in the 21st Century

SEPTEMBER 28

Bill 148: Proposed Changes to the Employment Standards Act

On June 1, 2017, the Ontario government introduced Bill 148: Fair Workplaces, Better Jobs Act, 2017, which proposes significant changes to the Employment Standards Act, 2000 (the "ESA") and the Ontario Labour Relations Act, 1995 ("OLRA"). On September 12, 2017, the Second Reading of the Bill commenced and the debates continue to date. Below are some of the key changes being proposed to the ESA.

 

 

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SEPTEMBER 20

Estate Planning – Regular Check-Ups Required!

SEPTEMBER 14

Survival Guide for Condo Directors – Phase 1

The Condo Law Group at Foglers (Carol Dirks, David Thiel and Khalid Karim) have prepared a handbook guide for condo directors highlighting the first phase of changes to the Condominium Act.  Managers should feel free to circulate this guide to any of your Board members who may be interested.

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SEPTEMBER 13

Sheryl Johnson: Sexual Harassment in Canada: A Guide for Understanding and Prevention

Sexual Harassment in Canada: A Guide for Understanding and Prevention, written by Sheryl Johnson, is a comprehensive new book that covers the most common sexual harassment issues as well as providing insight on sexual harassment in the electronic age, issues related to social media and best practices for addressing a claim or a potential claim, and their public relations consequences. It also provides in-depth commentary on the legislation and case law related to this important topic.

Written in an accessible and straightforward question and answer format, this text offers useful information on the most common issues that executives, employers, office managers and educators face, and leads readers through best practices in identifying and managing sexual harassment complaints. It also discusses the essentials that are relevant to providing training and implementing policies that may eliminate sexual harassment and the subsequent complaints from arising in the workplace and our schools.

 

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SEPTEMBER 11

Ontario Is The First Province In Canada To Reveal Its Plan For Distribution Of Cannabis Under The Proposed Federal Cannabis Act

On September 8, 2017, the Province of Ontario announced its planned approach to the federal legalization of cannabis as proposed by Bill C-45, the Cannabis Act, which provided significant discretion to the provinces to determine the approach to distribution, sale and retailing of cannabis within the individual provinces.

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SEPTEMBER 08

Environmental Review Tribunal Gives Ministry Broad Preventative Powers Over Migrating Contamination

On September 1, 2017, the Ontario Environmental Review Tribunal in the matter of Hamilton Beach Brands Canada Inc. et al. v. the Director, Ministry of the Environment and Climate Change made a preliminary ruling that the Director had jurisdiction to make an order under s.18 of the Environmental Protection Act (EPA) requiring a person who owns or owned, or has or had management or control of a contaminated undertaking or property to delineate contamination that had already migrated to off-site properties.

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SEPTEMBER 05

ICO's Cryp-Toeing Around Securities Regulation?

The increasing prevalence of Initial Coin Offerings ("ICOs") or Initial Token Offerings ("ITOs") has observers wondering just how far companies can go before securities regulation brings it to a halt.

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AUGUST 10

Market Participants Take Note: Securities Regulators To Subject Special Transactions To Greater Scrutiny And On A Real-Time Basis

On July 27, 2017, the securities regulatory authorities of Ontario, Quebec, Alberta, Manitoba and New Brunswick (collectively, "Staff") published comments in a Notice (the "Notice") on Multilateral Instrument 61-101 Protection of Minority Security Holders in Special Transactions ("MI 61-101"), advising market participants of their collective intention to subject material conflict of interest transactions ("Special Transactions") to greater scrutiny by reviewing them in "real time."

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AUGUST 08

Adjusting To The Times: The Future Of Car Dealerships

I have been serving auto lenders, dealerships, dealer principals, salespersons, repair shops and other industry members for just over 12 years...

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AUGUST 02

Changing Canadian Trademark Laws – The Next Steps

As part of the implementation of various changes to Canadian Trademark Laws, the Federal Government of Canada released in June, 2017 the new proposed Trademark Regulations for public consultation...

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JULY 27

Supreme Court Of Canada Affirms That Rigorous Regulatory Processes Can Fulfill Crown's Duty To Consult With First Nations

On July 26, 2017 the Supreme Court of Canada clarified in two decisions, both involving National Energy Board (NEB) approvals, that the Crown may discharge its duty to consult with First Nations through steps taken by a regulatory agency, providing that agency's statutory duties and powers enable it to do what the duty to consult requires...

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JULY 26

Application For Limestone Quarry Licence Set Aside For Failure To Have 'Meaningful Conversation' With First Nation

In a decision released by the Ontario Divisional Court on July 14, 2017, the Saugeen Ojibway First Nation (SON) was successful in challenging a limestone quarry licence issued by the Minister of Natural Resources and Forestry to the Proponent T&P Hayes Ltd. (citation: Saugeeen First Nation v Ontario (MNRF), 2017 ONSC 3456)...

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JULY 26

Condominium Legislative Changes -- Midsummer Update 2017

JULY 19

Major Proposed Changes To The Taxation Of Private Corporations And To Severely Limit Income Splitting

The Federal Government released a set of proposals on July 18, 2017 that, in the government’s words, are designed to "improve fairness in the tax system by closing loopholes and addressing tax planning strategies" and to ensure "that the richest Canadians pay their fair share of taxes and that people in similar circumstances pay similar amounts of tax" (a summary of the proposals and related documentation can be found at http://www.fin.gc.ca/n17/17-066-eng.asp)...

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JULY 17

Federal Discussion Paper On Environmental And Regulatory Reviews

Consistent with my comments offered in May of this year when the Expert Panel Report on the review of environmental assessments (EA) was released, the Federal Government's June Discussion Paper on Environmental and Regulatory Reviews has carved out a larger role for the Canadian Nuclear Safety Commission (CNSC) and the National Energy Board (NEB)...

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JUNE 16

Condominium Legislation Update

On June 12, 2017, the Ontario government released various details about the condominium legislation updates...

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JUNE 13

Digital Native Advertising, Influencers and Reviews

Presentation to the LSUC's Six Minute Business Lawyer Seminar

 

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JUNE 07

Canada ratifies convention on supplementary compensation

On Wednesday June 6, 2017 the Permanent Representative of Canada to the International Atomic Energy Agency (IAEA), Ambassador Mark Bailey, delivered the instrument of ratification to IAEA Director General Yukiya Amano at a ceremony at IAEA Headquarters in Vienna, Austria...

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JUNE 06

Ontario Bill 59: New Consumer Lender Regulations

The government of Ontario passed Bill 59, Putting Consumers First Act (Consumer Protection Statute Law Amendment), 2017 (the Bill) on April 10, 2017 which amended several acts including the Consumer Protection Act (Ontario), the Collection and Debt Settlement Services Act and the Payday Loans Act. Bill 59 also enacts the Home Inspection Act, 2017, which requires home inspectors to be licensed, among other matters...

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MAY 26

I'm Reasonable, Are You Reasonable? Material Facts and the Reasonable Person

Who is the reasonable purchaser? Despite the use of the term in both the Regulations and by OMVIC, the precise meaning of a "reasonable purchaser" remains blurry.

Read Justin's article in the May issue of the Ontario Dealer  to understand why many dealers are left wondering what, exactly, is a reasonable purchaser, and what is he or she concerned about?

 

 

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APRIL 26

High Time To Enter The Cannabis Industry: Canadian Federal Government Introduces Legislation To Legalize Recreational Cannabis

On April 13, 2017, the federal government introduced the highly anticipated Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other Acts (the "Act")...

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APRIL 24

Privacy And Property: The Supreme Court Clarifies The Limits Of PIPEDA

The Supreme Court of Canada has recently released a decision that will help clarify the relationship between legitimate business concerns and the privacy interests of individuals. In Royal Bank of Canada v Trang1("Trang"), the Supreme Court removed a number of hurdles that judgment creditors often face when attempting to execute against a judgment debtor's real property. To read the full article, Click Here.

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APRIL 24

Dollars and Sense Spring 2017

Ontario announced a 15% tax on the purchase or acquisition of an interest in residential property located in the Greater Golden Horseshoe ("GGH") by individuals who are not citizens or permanent residents of Canada and by foreign corporations ("foreign entities") and certain taxable trustees.

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APRIL 21

Honsberger's Bankruptcy in Canada, Fifth Edition

Vern DaRe, is the co-author of Honsberger's Bankruptcy in Canada. The 5th Edition offers a concise, comprehensive description of bankruptcy in general, and the distinctive features of the Canadian system in particular. Not just the law, but also the basis of the law:

  • Coverage of both national and international dimensions of bankruptcy law
  • Reference to the jurisprudence of other countries as it relates to Canada
  • An authoritative explanation of history, constitutional law, comparative law, statutory construction and interpretation
  • Precise directions regarding practice and procedure

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APRIL 20

CASL’s Private Right of Action – Class Action Goldmine or Proxy for the Regulator?

Presentation to the IT.CAN Teleconference Roundtable

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APRIL 19

Reporting Now Required To Claim The Principal Residence Exemption ("PRE")

The long-standing administrative policy of the CRA was not to require an individual to report the disposition of a principal residence if there was no capital gain remaining after applying the PRE...

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APRIL 12

Expert Panel Releases Its Review Of Canada's Environmental Assessment Process

On April 5, 2017 the Federal Minister of Environment and Climate Change received her report from an expert panel of four, comprised of three lawyers with significant environmental and aboriginal law experience as well as a retired senior executive of a resource company...

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APRIL 10

Insurance Deductible By-Laws Under The New Act – Will They Be Grandfathered?

Over the course of the past week approximately, there has been much discussion and several notices circulated in the condominium industry about the desirability to enact insurance deductible by-laws in advance of July 1, 2017 when certain changes in the Condominium Act, 1998 (the "Act") and its regulations may come into effect...

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APRIL 05

Fitness For Duty In The Nuclear Industry : Ontario Court Denies Injunction Restraining Random Drug And Alcohol Testing

On April 3, 2017 (ONSC 2078) Ontario Superior Court Judge Frank Marrocco denied the Amalgamated Transit Union Local 113 an interlocutory injunction restraining implementation of random drug and alcohol testing of members of the Local until the completion of an arbitration hearing into the validity of the Toronto Transit Commission (TTC) drug and alcohol testing Policy...

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MARCH 27

Game On: First Interpretation Of The TPM Provisions By The Federal Court

The powerful combination provided by broadly worded legal prohibitions plus the potential for the award of large statutory damages, a helpful factual profile and a sympathetic judge recently worked to the considerable advantage of the applicant Nintendo in the ground-breaking Canadian copyright case of Nintendo of America Inc. v. King et al...

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MARCH 23

Can You Sleep At Night – You Need To Know About Injunctions In Canada

The mattress business is a competitive one! Trade-marks in the mattress business are valuable!

Sleep Country Canada Inc. is a major mattress retailer in Canada. It is best known for its slogan "Why Buy a Mattress Anywhere Else?"...

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MARCH 10

Statutory Right To Compensation For Remediation Applies To Spills Occurring Before The Right Was In Force

On March 6, 2017 Superior Court Judge P.E. Roger ruled in Huang v. Fraser Hillary's Ltd., 2017 ONSC 1500 that section 99 of Ontario's Environmental Protection Act R.S.O. 1990, c.E19 allowed the plaintiffs to recover compensation against a neighbouring dry cleaning business for remedial expenses for the tetrachloroethylene ( PCE,PERC) and trichlorethylene (TCE) contamination of soils and groundwater on the plaintiff's property...

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MARCH 08

Court of Appeal for Ontario Clarifies the Authority to Order Non-Party Costs

On March 3, 2017, the Court of Appeal for Ontario released its decision in 1318847 Ontario Limited v. Laval Tools & Mould Ltd., 2017 ONCA 184.

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MARCH 06

CETA: An Update On What You Need to Know

On February 15, 2017, the European Parliament approved the Comprehensive Economic and Trade Agreement (CETA), a free trade agreement between the European Union (EU) and Canada...

 

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FEBRUARY 27

OMVIC...A Force for Good, but Improvement is Needed

While not yet a household name, the Ontario Motor Vehicle Industry Council's ("OMVIC") visibility and recognition among consumers is increasing. Read Justin's article OMVIC...A Force for Good, but Improvement is Needed  in the February 2017 issue of the Ontario Dealer.

 

 

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FEBRUARY 15

First Release Of Details Of New Regulations Under The Condominium Act

On February 13, 2017, the Ontario government (finally) released some details concerning the proposed regulations (the "Regulations") under the Condominium Act, 1998 (the "Act")...

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FEBRUARY 09

Canadian Advertising & Marketing Law: An Overview Of The Rules, The Regulators And Their Powers

Canadian advertising and marketing law can sometimes be reduced to simple rules of thumb such as "tell the truth", "be clear", "play fair" and "get consent". But often "the devil is in the details" and such generalities may be a trap for the unwary...

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FEBRUARY 09

Dollars and Sense: The End of the Death Tax

The repeal of the U.S. Federal estate and gift tax took a major step forward. Bill HR198 (the Death Tax Repeal Act 2017) was recently reintroduced in the Senate and the House of Representatives. An earlier version of the same legislation had been introduced in the Senate in April of 2015 but never became law. The Bill would apply to all gifts made, generation skipping transfers and the estates of persons dying after the enactment date of the Bill...

 

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FEBRUARY 08

Court Terminates Pollution Enforcement Action As Against Canadian Subsidiary Of Chevron

On January 20, 2017, the Ontario Superior Court of Justice released a summary judgment decision in the case of Yaiguaje v Chevron Corporation, terminating a civil claim by Ecuadorian plaintiffs against Chevron Canada Limited ("CCL")...

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FEBRUARY 08

Cap And Trade Auction Date Announced

Auction Date: The March 2017 Ontario Auction #1 is scheduled to take place on March 22, 2017 from 1:00 PM Eastern Time (ET) until 4:00 PM ET...

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FEBRUARY 01

Private Right Of Action Under Casl – The Case For Judicial Restraint In Ordering Non-Compensatory Damages

When the private right of action ("PRA") under CASL comes into force on July 1, 2017, affected parties can pursue private lawsuits against those that contravene CASL and claim both the "actual loss or damage suffered or expenses incurred" and the statutory damages set out in ss. 51(1)(b) of the PRA...

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JANUARY 27

Supreme Court Of Canada Releases Judgment On Defence Of Officially Induced Error

In an oral judgment released today in R. v. Bedard, the Supreme Court of Canada has confirmed the elements of the defense of officially induced error, as set out in its 2006 decision in Lévis (City) v. Tétreault...

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JANUARY 26

Industrial Design Protection In Canada: Changes Before The Office January, 2017

Industrial design registrations under the Industrial Design Act (the "Act") are similar to design patents in the US. They protect the features of a product that are visually appealing and not purely utilitarian. They can consist of a shape, configuration or composition of pattern or color, or combination of pattern and color in three-dimensional form, such as the design of a table or the shape of a computer monitor...

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JANUARY 24

Ontario Court Of Appeal Makes Significant Limitations Ruling

In a decision released January 11, 2017 - Crombie Property Holdings Limited v. McColl-Frontenac Inc. et. al - the Ontario Court of Appeal overturned a summary judgment decision of the Superior Court of Justice that dismissed a civil lawsuit seeking damages for property contamination based upon the running of a limitation period...

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JANUARY 19

Draft Condominium Management Regulations Released

Finally, we are starting to see some of the regulations released, in draft, arising from the Protecting Condominium Owners Act, 2015. This Act enacted both the Condominium Management Services Act, 2015 (the "CMSA") as well as extensive changes to the Condominium Act, 1998...

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JANUARY 11

All in the Family - Using the Oppression Remedy to Resolve Family Business Disputes published in the Annual Review of Civil Litigation 2016

Nina Perfetto and Bonnie Fish co-authored "All in the Family - Using the Oppression Remedy to Resolve Family Business Disputes" published in the Annual Review of Civil Litigation 2016.

Regularly cited by appellate courts across Canada including the Supreme Court of Canada, the Annual Review of Civil Litigation has been providing leading edge coverage of the issues that matter to you for more than 10 years.

Each article in the 2016 Edition is designed to help you understand how new developments in Canadian law will affect your practice. Topics were carefully chosen and written by authors from across Canada. The Annual Review of Civil Litigation 2016  has a truly national flavour, relevant and appealing to litigators in every province and territory.

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JANUARY 11

Putting A Dollar Figure On Breach Of Privacy In Canada

2016

DECEMBER 28

The 2017 Annotated Canada Labour Code, 25th Anniversary Edition

For 25 years, Ronald Snyder's Annotated Canada Labour Code has been the "bible" among federal labour practitioners. Ron's annotations provide essential insights into the Code, and make this book the necessary resource for preparing any case before the Canada Industrial Relations Board. This 2017 Edition of the Annotated Canada Labour Code digests the new decisions that have been rendered by the CIRB, OSH Appeal Board, adjudicators, referees and the courts since the publication of last year's Edition.

Ron Snyder’s Annotated Canada Labour Code is a comprehensive and indispensable compendium of Board jurisprudence, both pre and post legislative amendments of 1999. The Annotated Code also includes a review of  relevant cases and comments pertaining to Part II of the Code (Occupational Safety and Health) as well the Regulations enacted under each part of the Code.  It has become an essential reference tool for all labour relations practitioners who work in the federally-regulated sectors and who wish to obtain insights into the application and interpretation of the Canada Labour Code and the rights and obligations that it confers on the various parties in the workplace.  Mr. Snyder is to be commended for contributing such an important work to the library of reference materials on labour law and for his commitment to keeping the tool updated and relevant for practitioners.”

     Ginette Brazeau, Chairperson of the Canada Industrial Relations Board

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DECEMBER 20

Key Developments in Environmental Law 2016

Edited by Stanley Berger, Key Developments in Environmental Law 2016  provides expert insight into the landmark environmental law issues of the past year. The publication is an insightful collection of articles and includes: Federal Environmental Assessment Law: Two Nuclear Projects Clarify the Decision Makers’ Discretion, by Stanley Berger and Patents in Environmental Technology, by Eugene F. Derényi.

 

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DECEMBER 18

BYOD Tips for the Modern Law Firm

Sheryl Johnson shares her perspective with Just Magazine in her article BYOD Tips for the Modern Law Firm. Sheryl discusses how with IT consumerization comes the need for lawyers, as corporate employers, to implement comprehensive BYOD programs to balance organizational needs, professional obligations as well as employer and employee preferences.

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DECEMBER 15

Death of Taxpayer, 11th Edition

Co-authored by Suzanne Hanson and Shaun M. Doody Death of a Taxpayer  offers a comprehensive review of the relevant income tax implications that occur at death. Fully updated to reflect the latest budgetary pronouncements, legislative changes, new case law, CRA administrative positions, this exclusive edition provides guidance to help minimize the tax burden on the estate of the deceased taxpayer.

Designed as an all-in-one resource for tax professionals, it contains detailed information on the intricacies of estate planning and income tax compliance, with expert commentary you can trust to address even the most complex tax issues that can arise at death. It is a key tool for lawyers, accountants, financial planners, executors, trustees and other professional advisors.

Topics Include:

  • The tax treatment on death of income from rights and things, periodic payments, refund of premiums from RRSPs, etc.
  • The tax treatment of capital property at death
  • Rollovers to spouses, common law partners and qualifying trusts
  • Special issues regarding partnerships and farm property
  • Taxation of estates and testamentary trusts
  • Obtaining a clearance certificate
  • Distributions to beneficiaries
  • U.S. estate tax and tax issues affecting non-residents

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DECEMBER 08

New Regulations And Proclamations Under The Waste-Free Ontario Act, 2016

As reported in our November 28, 2016 Energy and Environmental Law Newsletter, on November 30, 2016, the new Waste-Free Ontario Act, 2016 and its two scheduled statutes, the Resource Recovery and Circular Economy Act, 2016 and the Waste Diversion Transition Act, 2016 were proclaimed into law. The old Waste Diversion Act, 2002, was repealed...

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DECEMBER 06

The Casl "Grace Period": What Will The July 1, 2017 Deadline Mean For Businesses?

Business owners will likely recall the turmoil that set in as they readied themselves for the coming-into-force of Canada's Anti-Spam Legislation ("CASL") on July 1, 2014...

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DECEMBER 01

BYOD and Social Media – Legal issues and Best Practices to Reduce Employer Liability

BYOD and Social Media – Legal issues and Best Practices to Reduce Employer Liability, Presented at the Lexpert Information Privacy and Data Protection Seminar

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DECEMBER 01

8th Annual Information Privacy and Data Protection: CASL Update

Lexpert's 8th Annual Information Privacy and Data Protection Seminar: CASL Update Presentation

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DECEMBER 01

The 7 Step Information Security Compliance Program

The 7 Step Information Security Compliance Program, Presented at the 8th Annual Information Privacy and Data Protection Conference

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DECEMBER 01

Some Privacy Implications of Digital Advertising

Some Privacy Implications of Digital Advertising, Presentation to Lexpert's 8th Annual Information Privacy and Data Protection Conference

 

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NOVEMBER 29

Workplace Safety...Serious Fines & Consequences for Unsafe Dealerships

Accidents are one of the main reasons people and companies hire lawyers...

Read the rest of Justin's article by viewing Ontario Dealer magazine online here: Ontario Dealer Magazine

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NOVEMBER 29

New Regulations And Proclamations Under The Waste-Free Ontario Act, 2016

The Ministry of Environment and Climate Change is moving to implement its new waste diversion legislation, the Waste-Free Ontario Act, 2016 (WFOA)...

 

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NOVEMBER 22

Access To Hazard Risk Assessment Report Denied On Basis Of Financial, Commercial And Security Concerns

Decision and Implications On October 13, 2016 the Saskatchewan Queen's Bench in Consumers' Co-operative Refineries Ltd.(CCRL)  v. the City of Regina  2016 SKQB 335 held that information in a major instance hazard assessment report, prepared by Marsh Risk Consulting so that CCRL could obtain approvals from the City and the Ministry of the Environment (MOE) to expand its refinery, should not be publicly disclosed. CCRL had appealed decisions by both the City and the MOE to release redacted versions of the hazard assessment report to a journalist under both the Local Authority Freedom of Information and Protection of Privacy Act SS 1990-91, c L-27.1 and the Freedom of Information and Protection of Privacy Act SS1990-91 c F-22. These statutes, dealing with the rights and obligations of the City and MOE respectively, mirror access legislation both federally and in other provinces around the country...

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NOVEMBER 21

Passing the Torch: Selected Topics in Business Succession Planning

 Plus Delta  magazine published by the Consulting Engineers of Ontario, featured an article authored by Sabrina Nardone titled "Passing the Torch: Selected Topics in Business Succession Planning."  The article highlights some considerations that entrepreneurs should think about when beginning to map out the future succession of their firms.

 

 

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NOVEMBER 11

Public Availability of Electronic Addresses An Insufficient Basis for Implied Consent

Organizations should exercise caution when considering whether to rely upon a CASL exemption, particularly an implied consent exemption. On October 27, the Canadian Radio-television and Telecommunications Commission issued its first extensive written decision under Canada’s Anti-Spam Law against Blackstone Learning Corp. The following is an analysis of the lessons learned.

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NOVEMBER 10

Trial or Summary Judgment

Ronald Davis, Milton Davis and Johanne Pilon have co-authored “Trial or Summary Judgment” for the OBA program The Nuts and Bolts of the Summary Judgment Motion.

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NOVEMBER 01

Condominium Commentary - Fall 2016

In this issue:

The Devil is in the Details - Top Ten Issues for the Regulations Under the Condominium Act, 1998, by David Thiel

Human Rights Legal Update -- Can the Holding of a Condominium Owners' Meeting Constitute Discrimination Under the Ontario Human Rights Code?, by Carol Dirks

Green Loans and Energy Efficiency Upgrades for Condos, by Lou Natale

The Condominium Law Group at Fogler, Rubinoff LLP is Pleased to Welcome Khalid Karim to our Team.

 

 

 

 

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OCTOBER 25

The New Forfeited Corporate Property Act and Amendments to the OBCA - What You Need to Know

On December 10, 2016, the Forfeited Corporate Property Act (the "FCPA") and numerous amendments to the Ontario Business Corporations Act (the "OBCA") will come into force. These rules will impose new recordkeeping requirements on Ontario corporations, new liabilities on directors and officers, and a shortened timeframe for the recovery of forfeited corporate property. The new and amended legislation will constitute a significant departure from the current law, and as such, it is important that corporate owners, directors, and officers understand how their duties, obligations and liabilities are about to change.

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OCTOBER 21

Critical Claims Concerns - Truth in Advertising Under the Competition Act

 “Critical Claims Concerns - Truth in Advertising Under the Competition Act” Presented at the at the OBA Professional Development program “Advertising and Marketing Law: Social, Digital, Online Compliance.

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OCTOBER 17

Dollars and Sense Fall 2016

The principal residence exemption ("PRE") is one of the most significant "tax breaks" available under the Income Tax Act (Canada) (the "Act")...

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OCTOBER 12

ERT Finds Wind Farm Will Cause Serious Harm To Human Health And Serious And Irreversible Harm To The Little Brown Bat

On Friday, October 7, 2016, Ontario's Environmental Review Tribunal released its decision in Wiggins v. Ontario (MOECC) (ERT Case Nos.: 16-036 to 16-042)...

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SEPTEMBER 29

Bonuses During the Notice Period: Case Law Update!

In December, 2015, I reported on a case called Paquette v. TeraGo Networks Inc. In that case, Mr. Justice Perell determined that Mr. Paquette was not entitled to receive his bonus during the notice period because the terms of the bonus plan clearly and unambiguously stated that employees had to be "actively employed" to receive their bonus...

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SEPTEMBER 29

Ontario Ministry of Environment Risks Liability Once it Becomes Involved in Remediation Decisions

On September 16, 2016 the Superior Court of Ontario in Swaita v. The Queen (Ministry of Environment ) (2016) ONSC 5785 dismissed the Crown's motion to strike a statement of claim and action arising out of a spill involving the release of approximately 9000 litres of petroleum on Shell property, 100 feet from the plaintiff's property...

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SEPTEMBER 26

Four Recent Decisions Raise Concern About Parity in Sentencing

Four recent Ontario Provincial Court sentencing decisions - two under the Occupational Health & Safety Act ("OHSA"), and two under the Environmental Protection Act ("EPA"), throw into high relief the disparity of sentencing approaches under the two statutes, and suggest that environmental offences may be drawing disproportionately high fines...

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SEPTEMBER 20

In Search of a Voluntary Disclosures Program

In Search of a Voluntary Disclosures Program, authored by Harris Rosen and Karen HO was published by The Voice, the magazine of the Career Colleges of Ontario Association. The Article appears on page 19.

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SEPTEMBER 15

Craft Cannabis or Big Cannabis: How Will the Eventual Business Model Shape Investment in this Evolving Industry

Presentation: Craft Cannabis or Big Cannabis: How Will the Eventual Business Model Shape Investment in this Evolving Industry?, September 2016 Canadian Cannabis Business Conference

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SEPTEMBER 08

Michael Slan co-authors the Canada chapter in Establishing a Business Entity: An International Guide.

This collaborative electronic guide, produced by the International Lawyers Network (ILN), offers a summary of key corporate law principles in 22 countries across the globe, serving as a quick, practical reference for those establishing an entity in these jurisdictions.

To read the guide, please click here: Establishing a Business Entity: An International Guide.

 

Reproduced with permission by the International Lawyers Network

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AUGUST 24

The Clock is Ticking To Obtain Consent: Upcoming CASL Deadline

Canada's federal anti-spam legislation (CASL) received Royal Assent in late 2010 and is being implemented over three phases...

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AUGUST 23

The times they are a-changing...the changing legal landscape

Like the automotive industry, law is a-changin’. Rapidly. I recently, or  should I say finally, started a Twitter account...

Read the rest of Justin's article by viewing Ontario Dealer Magazine online here: http://www.ontariodealer.com/odvolume4issue3.pdf

 

 

 

 

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AUGUST 17

Cap and Trade is Coming to Ontario Is Your Business Ready?

The Province of Ontario is introducing a Cap and Trade Program over the next few months to address climate change. If you own or operate a facility generating more than 10,000 tonnes of carbon dioxide emissions (CO2), you need to be aware of some very firm and imminent deadlines and their potential impact on your business.

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AUGUST 17

The New Frontier: Commercial Third-Party Litigation Funding

Investment in litigation by third parties was a taboo subject in Ontario, until relatively recently. Commercial third-party litigation funding is on the cusp of taking hold in Ontario, as it has in the United States, Australia and the UK. In this article, we will briefly examine the growth of this new solution to the funding dilemma surrounding large lawsuits in Ontario.  Article Link: The New Frontier: Commercial Third-Party Litigation Funding

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AUGUST 12

When Going AWOL Can Mean Job Abandonment

Employers often struggle with disability management in the workplace. They frequently walk on egg shells around sick employees, particularly when it comes to asking them for information about their illness and supporting medical documentation...

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AUGUST 09

Federally Regulated Employers Denied Right To Dismiss Employees 'Without Cause'

The Supreme Court of Canada has held that Federally regulated employers, including private sector companies and crown corporations, may only dismiss their non-unionized employees on a 'just cause' basis - matching the dismissal rights secured by unionized employees...

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JULY 18

Dollars and Sense Summer 2016

The 2015 Federal Budget contained significant amendments to section 55 of the Income Tax Act (Canada) (the "Act"). These amendments recently became law and will generally apply retroactively to dividends received after April 20, 2015

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JULY 05

Getting the Deal Through: Advertising & Marketing 2016

Canada Chapter in Getting the Deal Through: Advertising & Marketing 2016.

Reproduced with permission from Law Business Research Ltd. This article was first published in Getting the Deal Through: Advertising & Marketing 2016, (published in May 2016; contributing editor: Rick Kurnit, Frankfurt Kurnit Klein & Selz, PC) For further information please visit www.gettingthedealthrough.com.

 

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JUNE 30

Divisional Court Confirms ERT's Interpretation Of REA Appeal Scheme

On June 28, 2016, Ontario's Divisional Court released its decision in Bryce v. Ontario (The Environment and Climate Change), 2016 ONSC 4191 ("Bryce") and provided parties to future Renewable Energy Approval ("REA") appeals with clear direction regarding s.145.2.1(5) of the Environmental Protection Act ("EPA"), causation and adjournment requests.

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JUNE 29

Due Diligence Defence Available To Employers Whose Employees Hit Gas Lines In Ontario

On June 28, 20161 , the Ontario Provincial Offences Court found Coco Paving Inc. ("CPI") not guilty of a s.14(1) Environmental Protection Act ("EPA") charge that was laid by the Ministry of Environment and Climate Change ("MOECC") in response to a gas line that was struck by a CPI employee.

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JUNE 28

Ont. Court Of Appeal Confirms City Can't Substitute A Different Access/Transport Route For One Specified In REA

On September 1, 2015 we reported in Fogler's Environmental and Energy Newsletter that the Ontario Divisional Court in Wpd Sumac Ridge Wind Inc. v. Corp. of the City of Kawartha Lakes 2015 ONSC 4164 quashed a resolution passed by the City.

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JUNE 24

International Comparative Legal Guide to: Pharmaceutical Advertising 2016

Canada Chapter in the International Comparative Legal Guide to: Pharmaceutical Advertising 2016 

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JUNE 09

Legal Considerations Regarding the Use of Electronic Contracts and Signatures

JUNE 08

Consumer Protection: Recent Developments

Consumer Protection: Some Important Recent Developments Pertinent to Ontario Business Lawyers

 

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JUNE 01

Protecting Your Brand in the Digital Marketplace: Competition Law Compliance

Consumer demands for corporate accountability, stringent laws, and increased market competition are realities of today’s marketplace. Ensuring compliance with the Competition Act is one avenue through which organizations can enhance consumer trust in the digital marketplace.

 

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MAY 31

Canadian Private Sector Privacy Rights Protection: What Businesses Need to Know

Purchasing professionals would do well to consider information security requirements in third-party vendor services agreements. Click here to read the article authored by Fogler Rubinoff Partner, Ravi Shukla, originally published in Purchasing B2B

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MAY 16

To Disclose or not to Disclose

Read the article here.

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MAY 12

Beware of the Fixed-Term Contract

Fixed-term contracts are employment agreements that have a start date and a fixed end date. Employers often use them when they hire employees who are essentially temporary workers.

 

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APRIL 28

Supreme Court of Canada Upholds EA for Darlington Nuclear New Build

Despite a dissenting opinion in the Federal Court of Appeal, the Supreme Court of Canada today denied leave to appeal the Federal Court of Appeal's September 10, 2015 decision.

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APRIL 01

Condominium Commentary - Spring 2016

"Post No Bills" - Addressing Offensive Messages within Condominiums

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MARCH 24

Bill 132: Significant Changes to the Laws in Ontario

On March 8, 2016 Bill 132: An Act to amend various statutes with respect to sexual violence, sexual harassment, domestic violence and related matters received Royal Assent...

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MARCH 22

Sentencing Reasons Just Released in Sunrise

On January 25, 2016 Ontario Court Judge Chapin fined Sunrise Propane Energy Group - the operator, a numbered company - the holder of the lease, the insurance policy and the licence under the Technical Safety and Standards Authority, and two directors of the company, a total of $5.3 million for a propane gas explosion...

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MARCH 17

8 Tips for Building a Successful Alternative Fee Arrangement

Alternative Fee Arrangement (AFA) has become a buzzword in the legal community, and lawyers should expect clients to ask to enter into an AFA. Prepare yourself with these eight important tips for building an AFA.

http://www.oba.org/JUST/Archives_List/2016/March-2016/8-Tips-for-Building-a-Successful-Alternative-Fee-A

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MARCH 01

Repair and Storage Liens

MARCH 01

Public Disclosure of Private Facts

FEBRUARY 09

A Win for Landlords at the Court of Appeal: Mapleview - Veterans Drive Investments Inc. v. Papa Kerollus VI Inc. et al.

JANUARY 19

Ronald Snyder argues before Supreme Court of Canada that Federal Non-Unionized Employees not entitled to Job Security

2015

DECEMBER 16

Change in Climate: Ontario Introduces Cap and Trade

DECEMBER 10

LIMIT YOUR LIABILITY TO PAY BONUSES DURING NOTICE PERIOD

DECEMBER 09

Equity Crowdfunding In Canada: Final Rules Approved

DECEMBER 09

DEALING WITH DIFFICULT SENIOR COUNSEL

DECEMBER 01

Chevron Corp v Yaiguaje – Enforcing Judgments and Piercing Veils

"Chevron Corp v Yaiguaje – Enforcing Judgments and Piercing Veils”, Key Developments in Environmental Law  (Toronto: Canada Law Book, 2015), Chapter 3

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NOVEMBER 30

Ontario Court of Appeal: Statutory Claim for Damages for Cost of Remediation Not Precluded

NOVEMBER 16

A Brief Look at Bill 135: The Energy Statute Law Amendment Act, 2015

NOVEMBER 02

Limitation of Actions for Environmental Contamination: Discoverability

OCTOBER 29

FR Dollars and Sense

OCTOBER 16

OMVIC Disclosure - Dealerships and Salespersons

THE IMPORTANCE OF MAKING ADEQUATE AND ACCURATE DISCLOSURE

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OCTOBER 06

UTILITY RATE REGULATORS GIVEN GREATER DISCRETION

OCTOBER 01

Condominium Commentary - Fall 2015

The Condominium Authority Under Bill 106 - Hopes and Fears

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SEPTEMBER 15

DUTIES OF ABORIGINAL CONSULTATION AND ACCOMODATION

TWO RECENT FEDERAL COURT DECISIONS ON OIL AND GAS AND HYDRO-ELECTRIC DEVELOPMENT PROJECTS REFINE DUTIES OF ABORIGINAL CONSULTATION AND ACCOMMODATION.

 

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SEPTEMBER 14

DARLINGTON NUCLEAR NEW BUILD ENVIRONMENTAL ASSESSMENT FULLY RESTORED ON APPEAL

SEPTEMBER 01

City Can't Substitute A Different Access/Transport Route for One Specified in REA

AUGUST 04

Valuing Contaminated Land When Remediation Costs are Distant

JUNE 23

Environmental Liability for Secured Creditors in Ontario

MAY 27

Mining Act Modernization

MAY 20

Mortgages Must Be Enforced In Region of Property

MAY 11

Securities Bulletin - Equity Crowdfunding in Canada: An Update

Ryan M.J. Hayes and Jordan R. Schwartz, Equity Crowdfunding in Canada: An Update, May 11, 2015

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APRIL 30

Environmental & Energy Law

APRIL 29

Commentary - The Northern Miner

  • Young Park and Rick Moscone, The Shifting liability landscape for Canadian miners abroad, The Northern Miner, April 29, 2015.
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APRIL 27

Environmental & Energy Law

APRIL 24

Securities Bulletin - Amendments to Disclosure Rules for Venture Issuers

APRIL 13

Ontario Mining Blog

APRIL 13

Environmental & Energy Law

FEBRUARY 11

Condominium Commentary - Winter 2015

FEBRUARY 03

Employment Alert - Federally Regulated Employer's Right to Dismiss Employees 'Without Cause' Confirmed

JANUARY 13

Condominium Commentary - Winter 2015

2014

OCTOBER 24

Securities Bulletin

OCTOBER 16

Best Procedures for Borrowers Objecting to Mortgage Amounts

 Practice Gems: Mortgage Enforcement Essentials: Best Procedures for Borrowers Objecting to Mortgage Amounts

 

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SEPTEMBER 30

Recent Decision on Severance Pay

SEPTEMBER 17

Aboriginal Law

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JULY 31

New Leaves of Absence Added to the Employment Standards Act (Bill 21)

JULY 17

Aboriginal Law

APRIL 29

Should Employers Provide References For Departing Employees?

MARCH 21

Tax Law Bulletin

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FEBRUARY 13

Ontario Mining Blog

FEBRUARY 05

Phase 2: IIROC's Proposed Final Set of Reforms

JANUARY 31

Status of Equity Crowdfunding

JANUARY 08

Ontario Mining Blog

2013

NOVEMBER 21

CSA to Regulate Proxy Advisory Firms

NOVEMBER 21

OSC Proposes Gender Equality on Boards and in Senior Management Positions

NOVEMBER 05

Supreme Court Defers to Restrictive Covenants Negotiated by Commercial Parties

NOVEMBER 01

Environmental & Energy Law

OCTOBER 25

The Non-Solicitation Clause, An Important Weapon In Your Arsenal

OCTOBER 25

Environmental & Energy Law

OCTOBER 22

Ontario Mining Blog

OCTOBER 18

Health Law News Flash

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OCTOBER 18

Environmental & Energy Law

OCTOBER 08

Public-Private Partnerships (P3s)

OCTOBER 04

Environmental & Energy Law

SEPTEMBER 27

BCSC Finds Canaco Resources Inc. Did Not Breach Securities Laws

SEPTEMBER 27

Environmental & Energy Law

SEPTEMBER 20

Environmental & Energy Law

SEPTEMBER 17

Ontario Mining Blog

SEPTEMBER 13

Environmental & Energy Law

AUGUST 28

Can Personal Facebook Posts Be Discriminatory in the Employment Context?

AUGUST 27

Tax Law Bulletin

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AUGUST 27

Ontario Mining Blog

AUGUST 26

Environmental & Energy Law

AUGUST 16

Environmental & Energy Law

AUGUST 08

Anti-Corruption - Part 4 of 5

AUGUST 08

Anti-Corruption - Part 3 of 5

AUGUST 08

Anti-Corruption - Part 2 of 5

JULY 30

No Duty to Mitigate if Employment Agreement Stipulates Fixed Notice Period

JULY 13

Ontario Mining Blog

JULY 01

Tax Law Bulletin

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JULY 01

Employment Alert - Federally Regulated Employers Can Now Dismiss Employees 'Without Cause'

JUNE 18

Condominium Commentary - Spring 2013

JUNE 05

Ontario Mining Blog

MAY 06

Ontario Mining Blog

MAY 01

Highlights of the Safe Food For Industry

MAY 01

Highlights of the Safe Food For Industry

MAY 01

Safe Food for Canadians Action Plan

APRIL 24

Canadian Securities Regulators Implement Disclosure Requirements For Investment Costs And Performance

APRIL 01

Bill On Local Food Act Re-Introduced

APRIL 01

Bill on Local Food Act Re-introduced

In an effort to promote the local food industry in Ontario, Kathleen Wynne (Premier of Ontario and Minister of Agriculture and Food) reintroduced a Bill to propose the Local Food Act, which aims to increase awareness and encourage economic development of the local food market.

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APRIL 01

Notice and Access Adopted in Canada

MARCH 22

Commitment to Complete Bought Deal Tested in Court

Blair Bowen and Michael Kutner explain the Court's Decision in favour of Stetson Oil & Gas Ltd.  in an action brought against Thomas Weisel Partners Canada Inc. for breach of a bought deal engagement letter.

 

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MARCH 01

New Transition Plan For Natural Health Products

New Transition Plan For Natural Health Products On February 4 2013, the 2010 Natural Health Products (Unprocessed Product License Applications) Regulations ("NHP-UPLAR") came to an end. Health Canada has introduced a new transition plan to help industry address the repeal of the NHP-UPLAR and to come into full compliance with the Natural Health Product Regulation ("NHP Regulation") under the Food and Drugs Act, R.S.C. 1985.

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MARCH 01

New Transition Plan for Natural Health Products

MARCH 01

Employee vs. Independent Contractor

How important is it to know the difference between an employee and an independent contractor? Individuals and organizations should have a good understanding of both, as these terms determine many aspects of a working relationship and can potentially carry significant legal consequences.

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FEBRUARY 01

OSC Considers New Capital Raising Prospectus Exemptions

Dunny Medina and Michael Kutner review the new Capital Raising Prospectus Exemptions being considered by the OSC in the attached article.

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FEBRUARY 01

Duty to Accommodate Childcare Needs

The Federal Court reached a decision in Johnstone v. Canada Border Services Agency, where the Tribunal held that the Canadian Border Services Agency failed to accommodate an employee's family status obligations.

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JANUARY 01

Employee Privacy and Work Computers

The Supreme Court of Canada recently rendered a decision in which it discussed the issue
of an employee’s expectation of privacy over the content of his work computer. In R.
v. Cole*, the accused was charged with (among other things) possession of child pornography.
The child pornography was found on his work computer.

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2012

DECEMBER 01

Making A List and Checking It Twice

We tend to use the month of December as a time to reflect on our accomplishments in
the year gone by, and to plan for the year ahead. Accordingly, it is the perfect time of year
to consider whether your organization has met its legal obligations as you head into 2013.

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DECEMBER 01

IP Currents

DECEMBER 01

TSX Amends Election Rules

NOVEMBER 20

Canada: Privacy Law And Your Business

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NOVEMBER 01

Advantages To Having An Employee Handbook

If your organization has more than a handful of employees, it would be prudent for you to
have an Employee Handbook that clearly spells out your workplace policies, procedures
and rules. There are significant advantages, both legally and practically, to creating and
implementing a Handbook.

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NOVEMBER 01

From the Schoolyard to Cyberspace: The Supreme Court of Canada Recognizes the Importance of Privacy for Victims of Cyber-bullying

OCTOBER 01

Is Your Accessibility Policy In Place?

The “Accessibility for Ontarians with Disabilities Act, 2005”, Customer Service Standard
(Regulation 429/07), requires organizations who provide goods or services to the public or
other third parties to have policies and procedures in place with respect to people with
disabilities.

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SEPTEMBER 01

TSX Venture Exchange Implements Temporary Relief Measures

AUGUST 01

IP Currents

JUNE 01

IP Currents

MAY 04

Municipal News

In Municipal news, Joel Farber prevailed in an expropriation decision at the Ontario Municipal Board against the City of Toronto.

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APRIL 01

Condominium Commentary - Spring 2012

APRIL 01

IP Currents

MARCH 01

IP Currents

JANUARY 01

Supreme Court of Canada Rejects Canadian Securities Act

2011

SEPTEMBER 01

Condominium Commentary - Fall 2011

JUNE 01

Condominium Commentary - Summer 2011

MARCH 31

Eliminating the Corporate Tax Deferral

Eliminating the Corporate Tax Deferral Using Partnerships - Resolution 41 of the 2011 Federal Budget

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2010

SEPTEMBER 01

Condominium Commentary - Fall 2010

JUNE 01

Condominium Commentary - Summer 2010

2009

NOVEMBER 18

What's So Good About Good Faith?

Safe Guarding Real Estate Transactions - Protecting Your Clients from the Dangers of LItigation

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NOVEMBER 01

Condominium Commentary - Fall / Winter 2009

OCTOBER 01

Carrier Remedies When Load Brokers Go Broke

SEPTEMBER 16

Practice Gems: Best Practices for Tendering in Real Estate Transactions

Protecting Your Client When the Other Side Refuses to Close.

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MAY 01

Condominium Commentary - Spring / Summer 2009

APRIL 01

Tax Law Bulletin

Get the latest news with the Tax Law Bulletin featuring articles written by our Tax Group.

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2008

SEPTEMBER 01

Condominium Commentary - Fall 2008

2007

NOVEMBER 14

Preparing for Tender

Safeguarding Real Estate Transactions - Mitigating the Risk of Litigation

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2006

FEBRUARY 16

Arbitration of Commercial Leasing Disputes

2005

NOVEMBER 16

Arbitrations in Ontario - A Primer

Safeguarding Real Estate Transactions

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JANUARY 10

Electronic Service Protocol Brings Unwelcome Substantive Change

Electronic Service Protocol Brings Unwelcome Substantive Change for Canadian Restructurings in the Guise of Procedural Recommendation.

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2001

DECEMBER 31

Interim Receiver Under s.47

The Interim Receiver Under s.47 of the Bankruptcy and Insolvency Act (Canada)

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1998

JANUARY 01

Suing and Defending Professionals

Law Society of Upper Canada, Continuing Legal Education Program

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