2021
JANUARY 19
Weekday Update: Moratoriums on Evictions and Distraint Proceedings Against Commercial Tenants
In a bid to assist commercial tenants, there are currently two moratoria in place on the exercise of eviction and distress rights against commercial tenants, one which relates to the now defunct Canada Emergency Commercial Rent Assistance ("CECRA") program and the other which is tied to the Canada Emergency Rent Subsidy ("CERS") program.
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2020
NOVEMBER 12
Come See The Many Sides of "CERS": New Targeted Government Support Program to Help Businesses Through the Pandemic
On November 2, 2020, the Government of Canada introduced Bill C-9, which sets out details of the new rent support program called the Canada Emergency Rent Subsidy ("CERS"), which was previously announced on October 9, 2020. Bill C-9 would serve to amend the Income Tax Act (Canada). As of the date of this article, the legislation has yet to receive royal assent and remains subject to change.
The new rent subsidy provides support to qualifying businesses, charities, and non-profits that have suffered a revenue drop as a result of the COVID-19 pandemic. CERS effectively replaces the Canada Emergency Commercial Rent Assistance ("CECRA") program and provides more flexibility and accessibility to both commercial tenants and property owners.
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OCTOBER 02
A Primer on CRA’s Collection Powers and its Effect on Secured and Unsecured Creditors
The Canada Revenue Agency (“CRA”) has several collection powers under the Income Tax Act(“ITA”) and the Excise Tax Act (“ETA”) to ensure the remittance of taxes. When taxes are not remitted, the CRA has an arsenal of collection tools including the deemed trust, garnishment, and certification of tax debts with the Federal Court to obtain a judgment. These remedies have different impacts on secured creditors and unsecured (judgment) creditors. They are also treated differently in a bankruptcy situation, with some of the remedies maintaining Crown priority and others losing priority status. It is important to understand the distinctions between the collection mechanisms and how they operate under the ITA and the ETA in order to advise secured and unsecured creditors or lenders working with individuals who have a tax debt. This article examines each of the collection mechanisms and attempts to clarify the distinctions between them.
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JUNE 18
ILN Bankruptcy, Insolvency & Rehabilitation Proceedings Guide - Canada Chapter
MAY 21
Doing Business in Canada - 2020 Edition
This comprehensive guide provides an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada. Find up-to-date information on the following topics:
- Types of Business Organizations
- Directors' Liabilities
- Foreign Investment and Anti-Competition Legislation
- Bankruptcy and Insolvency
- Securities Regulation
- Sales and Transfer Taxes
- Income Taxes
- Customs and Excise Duties
- Intellectual Property
- Investment Incentives
- Immigration Restrictions for Non-Canadians
- Employment Law
- Environmental Law
- Electronic Commerce
- The French Language Requirements in the Province of Quebec
Lawyers:
- Slan*, Michael S.
- Quail, Liza
- DaRe, Vern W.
- Sikand, Immi
- Hobart*, G. Michael
- MacInnis, Ian V.
- Spring Zimmerman, Colleen
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MAY 20
Canada Emergency Commercial Rent Assistance Update: Relief is Almost Here, But Will Everyone Play Ball?
APRIL 28
Canada Emergency Commercial Rent Assistance: Relief Is On The Way, But The Devil May Be In The Details
While tenants attempt to negotiate relief from their lease obligations, landlords are concerned with the absence of relief from mortgage or realty tax payments, creating a clear tug-of-war between these parties during an increasingly difficult time.
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MARCH 19
COVID-19 Insurance Considerations: Is My Business Covered?
COVID-19 Insurance Considerations: Is My Business Covered? A question we are repeatedly hearing from clients is whether they have insurance coverage for business interruption and related losses as a result of COVID-19. Justin Jakubiak has outlined what you need to consider when reviewing potential insurance coverage.
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MARCH 19
COVID-19 Travel Restrictions
An update regarding travel restrictions based recent COVID-19 announcements by the Federal Government.
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MARCH 17
An Update From Fogler Rubinoff Regarding COVID-19
As we all continue to adjust to the rapidly changing news around COVID-19, the health and safety of our employees, clients, and those in our broader community remain a priority. We are taking cues from public health officials about prudent steps to protect everyone, and effective March 18th, 2020 lawyers and staff will be primarily working remotely until further notice. We are implementing our business continuity plan to ensure our people will remain safe while our clients continue to be well served.
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MARCH 13
Our Role and Responsibility to Clients as we Navigate Through COVID-19
At Fogler, Rubinoff LLP the health, safety and wellbeing of our employees, clients, contacts, and colleagues is foremost in our minds as we continue to closely monitor the COVID-19 outbreak.
While we are currently maintaining business as usual operations, we are closely following the guidance of Toronto Public Health and will adjust protocols as the local authorities issue new guidance.
We understand the need for our firm to provide continuous and uninterrupted legal services, and want to take this opportunity to update you on the proactive steps we are taking to be prepared for the evolving situation with COVID-19.
Should the outbreak result in our office closure, we have contingency plans in place that enable us to provide you with uninterrupted service. Our plan includes enhancements to our remote work capabilities and technology to ensure our accounting systems and data are available and secure. By modifying our operations and working remotely, our lawyers and staff will continue to be responsive to your legal and business needs.
In keeping with public heath guidelines, and to ensure the safety of all our employees, colleagues, clients and visitors in our offices, the firm has limited client meetings and moved to teleconferencing where appropriate. Policies on travel, office sanitation and health and safety have been enhanced and enforced, and we have adopted the following measures:
Clients and visitors should refrain from visiting our offices, if:
• They have traveled to any highly affected area or hot spot including but not limited to China, South Korea, Iran or Italy or have been in close contact with someone who has travelled to those areas at any time in the past 14 days; or
• They have any reason to believe that they might otherwise have been exposed to a confirmed case of COVID-19 in the past 14 days; or
• They are exhibiting any symptoms of infection (e.g. fever, dry cough, shortness of breath or other breathing difficulties).
Our lawyers and staff are working under the same guidelines.
We will continue to keep you informed of any changes we may implement as the situation progresses, with information provided via our website and e-mail updates.
Please do not hesitate to contact your Fogler, Rubinoff lawyer, or myself, if you have any questions, or if we can be of assistance in guiding you through these new challenges.
We wish everyone well as we collectively navigate this global health challenge.
Michael Slan
Managing Partner, Fogler, Rubinoff LLP
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FEBRUARY 14
A life transformed, black awareness heightened
A feature article in the Queen's Law Reports on Michael Coleman, Law' 17 and co-founder of the Black Law Students' Association of Canada - Queen's Chapter.
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FEBRUARY 13
I Can’t Hear Myself Think! (Part 2)
I Can’t Hear Myself Think! (Part 2): My Landlord is Undergoing Renovation/Construction:
What are Potential Tenant Rights and Remedies?
Paper presented at the Law Society of Ontario's Six-Minute Commercial Leasing Lawyer Program .
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2019
DECEMBER 12
Amendments to Canadian Insolvency Statutes: BIA and CCAA
The Bankruptcy and Insolvency Act (Canada) ("BIA") and the Companies' Creditors Arrangement Act (Canada) ("CCAA") comprise the statutory framework for individual and corporate insolvencies, restructuring, and bankruptcies in Canada. On November 1, 2019, the BIA and CCAA (the "Acts") were both amended to achieve better accountability and transparency in insolvency proceedings...
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JUNE 21
The Theory and Practical Aspects of Discount Rates for Quantifying Losses
The Theory and Practical Aspects of Discount Rates for Quantifying Losses, authored by Milton Davis, Ron Davis and with the assistance of Beth Armstong, was presented at the Chartered Business Valuator Institute’s 2019 National Business Valuation Congress in Montreal.
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MAY 07
"Good Working Order" - What Does This Mean in the Context of a Commercial Real Estate Agreement of Purchase and Sale?
Including certain representations and warranties in commercial real estate agreements of purchase and sale is commonplace. Although in a hot market, the nature and extent of such representation and warranties become more and more limited.
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MARCH 19
Speaker: ICSC Legal Conference
Alex Kolandjian led a roundtable discussion at the ICSC Legal Conference.
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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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2018
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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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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2017
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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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 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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2016
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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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.
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2012
NOVEMBER 01
From the Schoolyard to Cyberspace: The Supreme Court of Canada Recognizes the Importance of Privacy for Victims of Cyber-bullying
Co-Author, Ontario Bar Association Newsletter - Education Law Section. From the Schoolyard to Cyberspace: The Supreme Court of Canada Recognizes the Importance of Privacy for Victims of Cyber-bullying
