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. Subscribe to our Newsletters.
Our sixth edition of Doing Business in Canada provides an overview of the legal framework governing Canadian business operations and outlines key considerations for investing and conducting business in Canada.
2022
APRIL 11
STANDING UP TO THE SCHOOLYARD BULLY: TIPS FOR DEALING WITH DIFFICULT SENIOR LAWYERS
Being a junior lawyer can be a stressful experience. You're dealing with unfamiliar challenges and competing demands on a daily basis, all while trying to improve your skills in a fast-paced profession. However, there is one experience that stands out for many junior lawyers: dealing with difficult senior counsel on the other side of a file. It can come in the form of an unexpectedly aggressive position or an unwelcome piece of commentary on how you're doing your job: "never in all my years of practice have I seen someone do [x]" or "I'm very disappointed that you're doing [y]" are two favourites.
But just because a lawyer has a few more years of experience than you does not mean that they are in the right. Learning how to handle senior lawyers who are all-too-comfortable resorting to bullying is an essential part of any lawyer's toolbox. Here are some tips for dealing with those bullies.
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APRIL 05
(Somewhat) Gone, But Not Forgotten: Incoming Changes to Courtroom and Attendance Protocols in Civil Litigation
On April 19, 2022, the Ontario Superior Court of Justice will be implementing three new sets of civil litigation guidelines. These guidelines focus on the presumptive mode of attendance for Superior Court proceedings, the presumptive mode of attendance for Small Claims Court proceedings and etiquette for those proceedings moving forward.
Two important highlights stand out in these guidelines: the Court will now be directing that some civil litigation events proceed in person (rather than virtually) and will now be requiring counsel to once again gown for certain attendances.
The attached article is a breakdown of the protocols that counsel will need to abide by starting April 19, 2022.
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APRIL 04
Conflicts of Interest in Joint Retainers
Joint retainers must be started and ended with caution and conducted with due regard for all of the clients that a lawyer jointly serves.
Recent news reports from the Rogers family litigation provide an example of the risks of conflicts of interest in joint retainers.
Not all situations will be as headline-grabbing as the Ontario Superior Court Application by three Rogers family members seeking to prevent a Bay Street law firm from acting, but the story serves as a good reminder of the procedures in creating and carrying out the joint retainer.
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MARCH 24
Taxing Employee Compensation — Know Your (Stock) Options
It's common for start-up and growing businesses to allocate a percentage of the company's equity to stock options. The options are used to attract and incentivize key employees who are given the opportunity to share in the growing value of the business. However, many employees do not consider the tax implications of granting and exercising options. Getting familiar with the applicable tax consequences can help reduce the amount owing to Canada Revenue Agency (CRA) and avoid one particularly costly scenario.
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MARCH 10
Ontario's Overhaul of the Towing Industry – Key Changes Taking Place and Ahead
Over the past couple of months you may have seen signs on some 400-series highways referring to "restricted tow zones". These zones are part of the Tow Zone Pilot Project introduced by the Ministry of Transportation, which mandates that only authorized tow companies on contract with the Ministry of Transportation can tow vehicles on stretches of the 400-series highways.
The Tow Zone Pilot Project, in turn, is part of Ontario's broader plan to increase oversight of the towing industry in general, and to protect consumers who engage tow services. The main way the province intends to do this is through the Towing and Storage Safety and Enforcement Act, 2021, S.O. 2021, c. 26, Sched. 3 ("Towing Act”).
Republished with permission from the March 2022 issue of The Ontario Dealer magazine.
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MARCH 08
Women in Real Estate
In honour of International Women’s Day, this issue focuses on women in real estate. Over the past two years, the real estate industry has seen a transformation in how and where we live, work and shop. In this issue we had the pleasure of profiling Shirley Bai and Amanda Carew, both are partners in our commercial real estate group. It was a great opportunity to get to know some of the faces of Foglers better and learn about their practice. We also had the opportunity to interview Jennifer Suess, Senior Vice President, General Counsel & Corporate Secretary at RioCan, Paula Gasparro, Vice President Real Estate Finance at CMLS Financial, and Marnie Taylor, Commercial Real Estate Counsel at Skyline Asset Management Inc. In our conversations with these women, they shared their perspective on leadership, the transformative changes in the real estate sector and what they each foresee as the ‘new normal’ as we enter 2022.
Articles in this issue:
- Don’t be Afraid to Take a Chance on Yourself: A Conversation with Jennifer Suess
- Leading By Example: A Q&A with Paula Gasparro and Marnie Taylor
- Helping Clients Stay One-Step Ahead: A Profile on Shirley Bai, Partner Commercial Real Estate
- Bringing Maritime Charm to Bay Street: A Profile on Amanda Carew, Partner Commercial Real Estate
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MARCH 04
Giving Back to the Ryerson Community and Small Businesses in the GTA
We sat down with Micheline Gray-Smith, who volunteers her time at the Ryerson Law & Business Clinic. The Law & Business Clinic provides free legal services in a variety of business law matters to entrepreneurs and small businesses that cannot afford to retain a lawyer. Micheline shared with us her experience and the mentorship opportunities she has been able to provide.
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MARCH 03
Best lawyers, Best Writers: How to be Both
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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MARCH 03
The Law Surrounding Estoppel Certificates
Commercial tenants are often expected to deliver signed estoppel certificates, status statements or tenant acknowledgements in connection with purchase, sale or financing transactions involving leased property. It is also fairly common for tenants to request an estoppel certificate or estoppel language from a landlord when negotiating the transfer of their leasehold interest under a lease. Stemming from the principle of promissory estoppel, estoppel certificates are intended to "estop" a party who signs the certificate from thereafter asserting a fact inconsistent with what is set out in the certificate.
Should a signatory attempt to make a claim based on facts contrary to what was stated in an estoppel certificate, the addressee of the certificate may argue that it detrimentally relied on the statements in the certificate and seek to estop the signatory from enforcing the rights on which the claim is based.
This paper will, by examining relevant case law: (i) provide an overview of the law surrounding estoppel certificates and illustrate how Courts have dealt with discrepancies between leases and estoppel certificates; (ii) consider how and if estoppel certificates bind landlord/purchasers; (iii) explore how an estoppel certificate should be used by a purchaser of a property; and (iv) consider the interplay between the duty of good faith in contracts and estoppel certificates.
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MARCH 02
Best Lawyers, Best Writers: How to be Both - Part 2
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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FEBRUARY 18
Supporting Communities in Africa
We sat down with Blair Bowen, who serves on the Board of the Canada Africa Partnership (CAP) Network, to hear about his experience volunteering with an organization that for almost 20 years, has helped facilitate partnerships between communities in Canada and Africa to provide capacity building and resources to advance local community development efforts.
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FEBRUARY 14
Updated - Cannabis Standards Clarify Inducement Rules in Ontario: What you Need to Know
Following industry-wide consultations, the Alcohol and Gaming Commission of Ontario ("AGCO") recently announced updates to the Registrar's Standards for Cannabis Retail Stores (the "Standards"), which clarify the Standards relating toinducements. These updates will take effect on June 30, 2022.
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JANUARY 28
Supporting Ground Breaking Cancer Research
As we enter 2022, we wanted to highlight a few of our lawyers who volunteer their time and efforts to inspire creativity, share skills, and strengthen communities. Through our discussions, we learned that their efforts to help others has not been interrupted by the pandemic.
We sat down with Bonnie Fish, who serves as the Board President for the Israel Cancer Research Fund, to hear about her experience being part of an organization that for the past 45 years has helped support scientists in Israel make major breakthroughs in cancer research.
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JANUARY 26
Understanding Privilege: Is Your Canadian Patent Agent Also A Lawyer?
In Canada, there are practising patent agents and trademarks agents who are not lawyers. They are not admitted to any bar of any province or territory in Canada and are not members of any law society. The College of Patent Agents & Trademark Agents (CPATA) is the recently created regulator of patent and trademark agents in Canada in respect of their agency practises. CPATA regulates agents who are and who are not lawyers. The relevant issue is the privilege which applies to agents who are not also lawyers and in this instance specifically to patent agents who are not also lawyers.
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JANUARY 21
Giving Back to a Cause Close to Home
To say Michael Fraleigh likes to help is an understatement. In addition to his busy health law practice, he manages to spend a considerable amount of time giving back to his community. According to Michael, who is the President of Temple Sinai Congregation of Toronto and on the Board of Directors for the Alzheimer's Society of Ontario, "when you invest the time and energy to volunteer, you are investing in yourself just as much as the causes you support."
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JANUARY 11
Modifications To Canada's Special Access Program: Implications On Medical Access To Amphetamines, Psilocybin, LSD and More
On January 5, 2022 the Canadian Government amended the Food and Drug Regulations to allow healthcare practitioners to apply, on a case-by-case basis, to the Minister of Health (the "Minister") for special access to a certain class of "restricted drugs" including amphetamines, psilocybin and lysergic acid diethylamide (LSD). Further, the January 5, 2022 amendments simplify the framework of regulation over all forms of cocaine in Canada, thereby reducing complexity for stakeholders applying to conduct activities with cocaine (e.g. research).
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JANUARY 07
A Regular Phone Call Can Make a World of Difference for Isolated Individuals
As we enter 2022, we wanted to highlight a few of our lawyers who volunteer their time and efforts to inspire creativity, share skills, and strengthen communities. Through our discussions, we learned that their efforts to help others has not been interrupted by the pandemic.
It is common for many of us, especially older adults, to feel isolated and lonely. The COVID-19 pandemic has only made this isolation worse. Through Circle of Care's Phone Pal program, volunteers provide companionship and social contact to older adults through weekly phone calls. As a volunteer with the program, Aida Nabavi and her Pal, an elderly gentleman, communicate a couple of time a week – and sometimes every day. As his Pal, Aida's role is to check in with him on a regular basis to see if he has everything he needs including groceries and medication, and most of all to be his friend. Aida has been volunteering with Circle of Care since 2015 and is a champion of the Phone Pals program as she wholeheartedly aims to address her Pal's isolation and seeks to find ways to improve the overall qualify of his life.
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2021
DECEMBER 23
Playing a Supporting Role to Take a Bite Out of Hunger
As we come to the close of an unforgettable year, we wanted to highlight a few of our lawyers who volunteer their time and efforts to inspire creativity, share skills, and strengthen communities. Through our discussions, we learned that their efforts to help others was not interrupted by the pandemic.
For 19 years Ron Davis and some of Canada’s finest musicians have donated their time and talents to bring music and cheer to the less fortunate at the annual Lawyers Feed the Hungry Christmas Dinner. The Lawyers Feed the Hungry program was established in 1998 to support those residents living with food insecurity, in poverty, or homelessness. It is one of the City's few year-round programs providing approximately 60,000 meals each year. For Ron, who volunteers with a number of organizations that support the Arts, volunteering with Lawyers Feed The Hungry has been one of his most rewarding experiences –allowing him to help those in need, and spread some holiday cheer through music.
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DECEMBER 22
Playing a Supporting Role: Giving Back to the Arts
As we come to the close of an unforgettable year, we wanted to highlight a few of our lawyers who volunteer their time and efforts to inspire creativity, share skills, and strengthen communities. Through our discussions, we learned that their efforts to help others was not interrupted by the pandemic.
Alex Kolandjian is a Partner in our Real Estate practice who volunteers his time behind the scenes at the Pomegranate Film Festival as part the organizing committee – a group of young Armenian professionals bound by a passion for film and culture. The Pomegranate Film Festival, established in 2006 stems from the Toronto Chapter of the Hamazkayin Armenian Educational and Cultural Society. Now in its 15th year, the Pomegranate Film Festival is a unique community event celebrating Armenian inspired films
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DECEMBER 20
Providing a Warm Welcome and Support to Refugee Claimants in Our City
As we come to the close of an unforgettable year, we wanted to highlight a few of our lawyers who volunteer their time and efforts to inspire creativity, share skills, and strengthen communities. Through our discussions, we learned that their efforts to help others was not interrupted by the pandemic.
Each year millions of refugees make the difficult decision to flee their homelands in search of a safe place to call home. For Adam Varro, an associate in our litigation practice, volunteering his time on the Board of Directors of Adam House to help refugees establish new lives in Toronto has been a rewarding experience. Adam House is more than just a shelter. The sense of community and friendship the envelops anyone who walks through their doors is shared by the staff, volunteers and residents – many of whom come back as volunteers themselves.
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DECEMBER 20
Canada Emergency Rent Subsidy Holiday Update
This article will address two pressing questions that commercial landlords and tenants in Ontario have about the implications of the expiry of the CERS program on their respective businesses:
1) Moving forward, will there be alternative rent subsidy programs available to commercial landlords or tenants who are struggling due to the impacts of the COVID-19 pandemic?
2)How will the expiry of the CERS program affect Ontario's moratorium on commercial distraint proceedings and landlords' rights of re-entry?
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DECEMBER 13
TSX Venture Exchange Announces Amendments to Security-Based Compensation Policies
On November 24, 2021, the TSX Venture Exchange ("TSXV" or the "Exchange") published a bulletin outlining a number of amendments made to TSXV Policy 4.4 — Incentive Stock Options (the "Former Policy"). The amendments (the "New Policy") came into effect the same day the bulletin was published.
Some of the most significant changes made to the Former Policy include:
- The expansion of more than one type of security-based compensation;
- Additional categories of security-based compensation plans;
- The introduction of effective compensation tools to advance the interests and flexibility of issuers; and
- Permission of the exercise of stock options on a "cashless" and "net exercise" basis.
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DECEMBER 08
Temporary Exemptions from Certain Base Shelf Requirements
Certain large issuers may soon be able to file a final base shelf prospectus without first filing a preliminary one. On December 6, 2021 the Canadian Securities Administrators ("CSA") published temporary exemptions from certain base shelf prospectus requirements for qualifying issuers. The exemptions, which go into effect on January 4, 2022, only capture large reporting issuers, termed "well-known seasoned issuers" ("WKSIs").
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DECEMBER 07
Why Applications to a Regulated Industry Are Not as Simple as They Seem
Ontario does a very good job regulating certain business sectors in order to ensure a fair marketplace and consumer protection. Three of Ontario's most common regulated industries are motor vehicle sales, governed by the Motor Vehicle Dealers Act and the Ontario Motor Vehicle Industry Council ("OMVIC"); real estate sales, governed by the Real Estate and Business Brokers Act and the Real Estate Council of Ontario ("RECO"), and; cannabis sales, governed by the Cannabis Licence Act and the Alcohol and Gaming Commission of Ontario ("AGCO"), which also governs liquor licencing.
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DECEMBER 07
Client Focused Reforms: Upcoming Deadline
As of December 31, 2021, certain amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (the "Rule") and its Companion Policy, known as the Client Focused Reforms ("CFRs") are coming into force.
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DECEMBER 01
Part Two: Litigating Like it’s 2021: Courts Get Into Swing of Virtual Proceedings
As we discussed in the first article of this two-part series, courts have increasingly emphasized how they will expect litigants and their counsel to adapt to virtual proceedings in order to safely move matters forward.
To read the full article published by The Lawyer's Daily click here.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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NOVEMBER 30
Part One: Litigating Like it’s 2021: Courts Get Into Swing of Virtual Proceedings
With the COVID-19 pandemic ongoing and with no clear end in sight, Ontario courts are continuing to provide guidance on their expectations around litigating virtually. Specifically, since the pandemic began, courts have increasingly emphasized how they will expect litigants and their counsel to adapt to virtual proceedings in order to safely move matters forward. By extension, they are less sympathetic to parties who insist on proceeding in person.
To read the full article published by The Lawyer's Daily click here.
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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NOVEMBER 22
Today I'm Going to Litigate Like it's 2021: The Courts' Expectations on Virtual Litigation
Over a year and a half into the COVID-19 pandemic, Ontario Courts are continuing to comment on their expectations around litigating virtually. Specifically, since the pandemic began, Courts have increasingly emphasized how they will expect litigants and their counsel to adapt to virtual proceedings. In contrast, they are less sympathetic to parties who insist on proceeding in-person. Here are some recent highlights on this topic.
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NOVEMBER 18
Does the Duty of Good Faith Create an Obligation to Agree to Extensions of a Closing Date?
Since 2014, the Supreme Court has released a trilogy of cases finding and expanding on the duty of good faith in contractual performance. Parties to an agreement of purchase and sale are under a duty to act in good faith and have an obligation to take all reasonable steps to complete the contract. The majority of real estate contracts have clauses providing that time is of the essence. This article considers whether the duty of good faith changes parties' obligations on closing of a real estate transaction. When faced with a request to extend the closing date, is the counterparty obliged by the duty of good faith to agree? Is time still of the essence?
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OCTOBER 26
DeFi - Risks, Regulations, and What's to Come
Crypto-assets, which are forms of digital currency that operate on a decentralized network, are known to be theoretically immune to government interference and manipulation, as these digital assets operate on systems that are "decentralized". This concept of decentralized control runs antithesis to traditional financial systems, which rely on the use of centralized intermediaries. Unlike traditional currency, crypto-assets can be transferred from peer to peer, without the need to be relinquished to an intermediary party, such as a bank or a government.
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OCTOBER 21
Employers Have Options to Address Questionable Medical Certificates
Many employers feel helpless when confronted with medical certificates. Though their instincts suggest that some of these medical certificates ought to be challenged, there is an inhibition to do so for fear that this would intrude on the employee's privacy and/or human rights. Employers should be aware that in adopting a fair and balanced approach to this issue, demands may be made of the employee for the provision of additional non-medical information to justify the employee's absence from work or return to work.
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OCTOBER 20
CSA Publishes Proposed Climate-Related Disclosure Requirements
Investor demand for climate-related disclosure, as well as information provided by public companies, has grown dramatically in recent years. This has resulted in incomplete or inconsistent climate-related disclosure. In light of this, on October 18, 2021 the Canadian Securities Administrators ("CSA") published the proposed National Instrument 51-107 Disclosure of Climate-related Matters (the "Proposed Instrument") and its companion policy for a 90-day comment period. The Proposed Instrument would introduce disclosure requirements regarding climate-related matters for reporting issuers. This article summarizes the main components of the Proposed Instrument.
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OCTOBER 14
Modernizing Ontario's Capital Markets: What You Need to Know
The Ontario Government has released the Capital Markets Act (the "CMA") — a draft legislation that intends to modernize the legislative and regulatory framework of Ontario's capital markets, and further enhance the province's position as a globally competitive capital markets jurisdiction. If passed by the Legislative Assembly of Ontario, the CMA will replace both the Securities Act and the Commodity Futures Act in Ontario.
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OCTOBER 14
Collision Course? Limitation Periods, the Supreme Court of Canada, and the Court of Appeal for Ontario
What happens when an irresistible force meets an immovable object? That question comes to mind in reading two recent high-level decisions on limitation periods. Certainty that the Court of Appeal for Ontario may have created in its January 2021 decision of Kaynes v. BP p.l.c., may now be clouded by the Supreme Court of Canada's July 2021 decision in Grant Thornton LLP v. New Brunswick.
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OCTOBER 12
The Risk of Cyberattacks for Auto Dealers is Higher Than Ever, and so are the Potential Costs
Privacy Breaches raise major reputational and legal liabilities for auto dealers of all sizes. Why? Auto dealerships collect a great deal of personally identifiable information, in some cases, even more than banks.
Republished with permission from the October 2021 issue of The Ontario Dealer magazine.
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SEPTEMBER 03
The Pandemic Pivot: Adaptability in the Face of Uncertainty
The COVID-19 pandemic and resulting economic uncertainty caused many organizations to reassess their business models and react quickly to a rapidly changing situation. Despite these challenges, we had the opportunity to support many of our clients as they adapted, innovated and even expanded their operations. In this series of interviews, we hope to highlight the adaptability and resilience of a few selected clients who have made some remarkable and swift changes over the
course of the pandemic.
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SEPTEMBER 02
The Acceleration of Digital Learning: A Q&A With Ian Schnoor, President & Founder of The Marquee Group
While the pandemic forced many organizations to fundamentally rethink their offerings to survive, others were able to adapt, and even expand despite the challenges posed by the past year. We sat down with Ian Schnoor, President & Founder of The Marquee Group, Canada’s leading provider of financial modeling training and consulting, to learn about how COVID-19 forced them to pivot their successful in-person financial modeling courses online – in turn making it available and on demand to a global audience.
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SEPTEMBER 02
Connecting People Through Play: A Q&A With Kristi Herold, Founder/CEO of JAM (powered by Sport & Social Group)
As small businesses across Canada continue to be impacted by unexpected challenges presented by the COVID-19 pandemic, we reached out to Kristi Herold, founder and CEO of Sport & Social Group, now rebranded as JAM, powered by Sport & Social Group, to understand how her business has been uniquely impacted by COVID-19. In our short
interview with Kristi, we learned about the dire early impact of COVID-19 and the organization’s lateral extension of its existing capabilities as a recreational sports league. Their successful pivot from in-person to online allowed them to engage with existing customers and find new ones.
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SEPTEMBER 01
Intergenerational Transfer of Family Businesses After Bill C-208
The passage of Bill C-208, effective June 29, 2021, has generated increased attention to the issues and planning opportunities surrounding the sale of family owned businesses, particularly where a sale of shares may qualify for the lifetime capital gains exemption for "qualified small business corporation" shares, or QSBC shares.
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AUGUST 21
Mandatory Vaccinations in the Workplace
One of the most common questions employers are asking at this point in time during the pandemic is this: "Can we require our employees to be vaccinated before allowing them to return to work?" The answer has been this: "it depends", followed by an explanation of human rights' considerations, privacy considerations, health and safety considerations, etc. On August 13, 2021, the federal government made an announcement that suggests the pendulum might be swinging towards a "yes" on that question. On August 17, 2021, the provincial government made an announcement that suggests the same swing.
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JULY 30
Enforcing IP Rights Through Online Intermediaries: The Need for Regulation in Canada
The rise of online intermediaries, such as Google, Amazon and Facebook, has radically changed the way in which many businesses and individuals operate and has introduced novel legal and business questions and challenges.
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JULY 13
Extension of the Canada Emergency Rent Subsidy and Related Moratorium
A summary of CERS and the current moratorium is contained in the attached article.
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JULY 05
Changes to Ontario's Business Corporations Act Come Into Effect July 5
The significant amendments to the Business Corporations Act (Ontario) (the "OBCA") introduced by the Better for People, Smarter for Business Act, 2020 ("Bill 213") were proclaimed into force and took effect on July 5, 2021.
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JUNE 16
Published in JUST: Forging Your Own Path: Alternative Routes to Big Law
JUNE 16
Registration Refused: How Adjudication in Ontario's Cannabis Licencing Regime is Leaving Store Operator and Manager Hopefuls High and Dry
Published in the Toronto Lawyers' Association TLA Journal.
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JUNE 14
Why “Privacy” Should (Also) Be On Your Mind
With new federal privacy legislation moving through the pipeline, and the increase in online sales (car sales especially), dealers and businesses alike should put their mind to whether they have adequate privacy policies in place to comply with the Personal Information Protection and Electronic Documents Act (“PIPEDA”).
Republished with permission from the June 2021 issue of The Ontario Dealer magazine.
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JUNE 11
Constructive Dismissal? Not Ideal if IDEL
The Ontario Superior Court recently released an endorsement in Taylor v. Hanley Hospitality, 2021 ONSC 3135, which provided much needed guidance on how constructive dismissals are impacted by IDEL.
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MAY 27
Virtual Hearings Best Practices
Wondering what should happen in civil litigation when the "new normal" arrives? Samantha Green interviews Anne Posno, David Steinber and Nadia Campion on virtual hearings best practices. To read their perspective visit the OBA article link here: https://www.oba.org/Sections/Civil-Litigation/Articles/Articles-2021/May-2021/Interview-with-Anne-Posno-David-Steinberg-and-Nad
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MAY 26
Key Developments in Aboriginal Law, Volume 2
Bill Taggart’s comprehensive review of the Anishnabek Nation Governance Agreement appears in Key Developments in Aboriginal Law, Volume 2 edited by Thomas Isaac and published by Thomson Reuters.
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MAY 19
To Whom It May Concern: Reminder on the Importance of Retainer Letters
On April 7, 2021, in Goldentuler v. Simmons Dasilva LLP, 2021 ONCA 219 (CanLII) the Court of Appeal dismissed the Plaintiff lawyer’s claim for negligence against the Defendant lawyers on the basis that the Defendants had not been retained by the Plaintiff, and therefore the Plaintiff had no legal capacity to sue the Defendant lawyers.
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MAY 12
Expanding A Brand Into Canada: Trademark Registrations - The Basics
When a corporation expands its business into Canada, consideration should be given to whether it can register its brand as a trademark in this new market.
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MAY 05
Asking a lawyer to give an opinion on their own negligence? When Discovery goes too far.
In Marshall v. Jackson, 2021 ONSC 2361 (CanLII), released April 1, 2021, Justice Morgan overturned, in part, a Master’s decision to require a lawyer sued for negligence to answer two questions refused on discovery.
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APRIL 26
Defining Terms and the Important Distinction Between Rules and Policies
In Boodram v Peel Standard Condominium Corporation No. 843, the Condominium Authority Tribunal (the "CAT") reviewed the Corporation's ability to make a determination as to whether someone is a visitor or resident, in order to properly apply the Corporation's declaration provision which prohibits a resident from parking in Visitor Parking.
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APRIL 22
Federal Budget 2021: Investments in Technology and the Canadian Innovation Ecosystem
In this article, we highlight certain spending measures and new programs that the government has introduced for the purpose of encouraging i
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APRIL 16
Forging Your Own Path: Alternative Routes to Big Law
APRIL 13
Claim Employee Home Office Expenses for 2020
With the deadline fast approaching to file personal income tax returns for 2020, some important questions to consider are whether or not an employee is eligible to claim a deduction for home office expenses for the tax year of 2020 and if so how to calculate such home office expenses?
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APRIL 01
New Guidelines for Maintaining Health Privacy in Virtual Care
As virtual visits become an accepted method of providing health care, it is important to ensure that health privacy laws are observed. Whether care is provided by telephone consultation, video conferencing or secure messaging, providers must be mindful of their obligations relating to the collection of personal health information, health information security, and ensuring that those involved have the necessary training in privacy and security.
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MARCH 26
Upcoming Federal Budget - April 19th Planning For Possible Capital Gains Tax Increase
One of the biggest areas of speculation during the span of budgets delivered under the Trudeau government has been whether the government will announce an increase in the capital gains inclusion rate.
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MARCH 23
Gavel game: Small but real differences between Canadian, U.S. legal systems
This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc.
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MARCH 21
Six-Minute Commercial Leasing Lawyer: Force Majeure and COVID-19 (Durham Barns case)
In the Durham Sports Barn Inc. Bankruptcy Proposal, an Ontario court considered for the first time the application of a force majeure clause (and to a lesser extent, a quiet enjoyment clause) in a commercial lease in the context of the COVID-19 pandemic.
Paper presented at the Law Society of Ontario's Six-Minute Commercial Leasing Lawyer Program .
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MARCH 19
New Year, New Challenges and New Opportunities
Transitioning to the online car sales world may seem daunting for those taking the leap out of interest – or out of necessity – but it will pay dividends for those who endeavour to meet and exceed the standards in place for traditional car
sale models.
Republished with permission from the March 2021 issue of The Ontario Dealer magazine.
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MARCH 08
Forward with Foglers: Trends and Ideas
We are pleased to introduce Forward with Foglers: Trends and Ideas, a new quarterly publication designed to share our perspectives and insights around matters that are important to our clients both inside and outside the boardroom. In honour of International Women's Day 2021 and the theme of Choose to Challenge, our first issue is focused on promoting discussions around gender.
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MARCH 08
Is it Time to Adjust Your Gender Lens?
In Ontario, the Human Rights Code (the "Code") prohibits discrimination on a number of grounds including sex, family status, gender identity, and gender expression. Despite these protections, we live in a world where global headlines still include "Transgender America: 30 Killed and Fatally Shot Already in 2020", "Teacher Fired over Transgender Pronoun Fight Files Suit", "Man arrested for allegedly spitting on transgender woman in subway", and "Activist who raised awareness for transphobia murdered in Toronto". These articles discussed, respectively, (i) how 2020 was the most violent year for transgender people in America over five years, (ii) the firing of a teacher who refused to use a transgender student's preferred pronoun, (iii) the story of a trans woman who was spit on, hit, and called transphobic slurs on the subway in New York City, and (iv) the murder of a trans activist in Toronto. These stories were all published between October, 2019 and October, 2020. Otherwise said, this is not "old news".
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MARCH 08
Celebrating International Women's Day
Last year, Foglers' FR Women's Network celebrated International Women's Day with guest speaker Connie Walker, an award-winning Cree investigative journalist who is leading the dialogue on Indigenous women's rights in Canada. At the event Connie described her career trajectory as a journalist at CBC; the influence of the Truth and Reconciliation Commission's report; how the coverage and reporting on Indigenous issues has evolved in the media; and the rise of social media and the platform it has provided.
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MARCH 08
Retention of Women in Law - An Opportunity for Fogler Rubinoff LLP
In the "Before Times" in 2020, I attended the Women in Law Summit, hosted by Canadian Lawyer magazine. The purpose of the conference was to focus on practical strategies that law firm leaders can employ to help attract and retain female lawyers. My biggest take away from the conference is that law firms and law firm leaders want to support women in law but there are still lots of questions, with no simple answers, about how to make this happen.
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FEBRUARY 22
Technical Briefing on Bill C-11
Canada’s proposed new private sector privacy legislation: Key issues for Canadian business
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FEBRUARY 22
Our Commitment in 2021
Our Managing Partner Michael Slan reflects on 2020 and reaffirms our commitment to our clients with a message that instils a sense of optimism as we all work together to chart a path forward.
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FEBRUARY 16
Ontario's Colour-Coded COVID-19 System & Condominium Restrictions as of February 16, 2021
As regions move back to the colour-coded framework, condominiums should be aware of relevant restrictions that affect day-to-day operations of the condominium including but not limited to changes to gym re-opening limits and gathering limits.
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FEBRUARY 12
Can I Date My Colleague?
We see hearts and roses everywhere during the month of February, especially in the weeks leading up to Valentine's Day. Given the amount of time Canadians spend at work, it is not surprising that relationships bloom in the workplace from time to time. After all, many of us spend more time with our colleagues than with our friends and family.
This begs the question: Can I date my colleague?
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FEBRUARY 10
Protecting Confidential Information in Canada: Is There a Better Way?
In today's environment, information can be downloaded, transferred or shared instantly. How can organizations best protect their intellectual property assets and confidential information to maintain their competitive advantage?
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FEBRUARY 01
A New (and Needed) Cyber-Tort Emerges: Harassment in Internet Communications Caplan v. Atas, 2021 ONSC 670
Recently, Justice David Corbett of the Ontario Superior Court of Justice made a significant contribution to the evolution of cyber-remedies by recognizing the tort of harassment in internet communications in Caplan v. Atas, 2021 ONSC 670. The 65-page decision is remarkable in many ways, so much so that the story is the subject of a lengthy New York Times article. The focus of this article is the litigation significance of this landmark decision.
This article was published in the February 2021 Issue of the Toronto Law Journal.
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JANUARY 26
Latest Update and Summary on Virtual Witnessing of Wills and Powers of Attorney: Extension for the Foreseeable Future
We anticipate that the Regulation O. Reg. 129/20, which allows for virtual witnessing in counterpart for the execution and witnessing of Wills and Powers of Attorney in Ontario (the "Regulation"), will be extended indefinitely until the end of the pandemic. The most recent extension occurred on January 15, 2021, by way of O. Reg. 15/21, as the Ontario government once again prolonged the order for Wills and Powers of Attorney to be witnessed virtually to February 19, 2021. O. Reg. 458/20 has accordingly been updated to reflect this date as well.
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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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JANUARY 14
Ontario's Second Provincial Emergency and What it Means for the Workplace
On January 12, 2021, the Ontario government declared a second provincial emergency under section 7.0.1 (1) of the Emergency Management and Civil Protection Act, in response to the drastic rise in the number of COVID-19 cases in the province.
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JANUARY 07
Attention Toronto Employers
On January 4, 2021, Dr. Eileen de Villa, Medical Officer of Health, announced new measures for all employers and persons responsible for a business or organization in the City of Toronto permitted to be open under the Reopening Ontario Act. All persons responsible for a business or organization in Toronto are instructed to follow the public health measures outlined in this article.
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2020
DECEMBER 22
Deemed IDEL Further Extended to July 3, 2021
IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.
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DECEMBER 22
Condominium Law Update: New SCC Decision Confirms the Duty to Act Honestly in Contracts
In C.M. Callow Inc. v Zollinger, 2020 SCC 45, a decision released on December 18, 2020, the Supreme Court of Canada confirmed that parties to a contract must act in good faith and have a duty to act honestly, even when exercising a right of termination in a contract.
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DECEMBER 08
New Year, New Normal: Extensive Amendments to the Rules of Civil Procedure
On November 30, 2020, a new regulation to amend the Ontario Rules of Civil Procedure — O. Reg. 689/20 — was filed. It will come into effect on January 1, 2021.
The regulation introduces various amendments to the Rules which take into consideration our increasingly virtual litigation practices. These amendments will include new rules around virtual hearings, electronic signatures, commissioning, preparing documents and electronically exchanging documents.
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DECEMBER 04
New Trust Reporting Obligations - What Trustees and Advisors Need to Know
For tax years ending on or after December 31, 2021, new reporting rules established by the Canada Revenue Agency will require heightened disclosure and transparency for trusts. Trustees and advisors should be aware of the rules summarized in this article to ensure ongoing compliance.
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DECEMBER 01
COVID-19: The Shift to a More "Flexible" Securities Market
COVID-19: The Shift to a More "Flexible" Securities Market", published in the TLA Journal discusses the different approaches taken in response to COVID-19 that can help market participants be more prepared the next time an "unprecedented event" arises.
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NOVEMBER 27
Connecting Indigenous Communities to High Speed Internet
With the opening of the application period for the Universal Broadband Fund (UBF), which was announced by the federal government earlier this month, there is great opportunity for Indigenous communities to improve internet and mobile connectivity in their communities and surrounding areas at a very low cost.
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NOVEMBER 20
Canadian Innovation During the COVID-19 Pandemic
Many of the conversations during Canadian Innovation Week concerned efforts related to the fight against the COVID-19 pandemic. In this article we have outline some of the major developments in the past eight months with respect to intellectual property innovation during the pandemic.
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NOVEMBER 19
Lessons from a Pandemic
For this article, and given the times we are living in, I thought I would take the opportunity to review some of the things that have come across my desk over the last few months, and share some thoughts and tidbits of information.
This article first appeared in the November 2020 edition of the Ontario Dealer Magazine and is republished with their permission.
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NOVEMBER 13
Shining a Light on Privacy: Untangling the Web of Canadian Privacy Laws
Bonnie Fish and Alexander Evangelista co-authored "Shining a Light on Privacy: Untangling the Web of Canadian Privacy Laws" published in Thomson Reuters' Annual Review of Civil Litigation 2020. This paper is intended to offer guidance in navigating the expanding landscape of Canadian privacy laws.
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 civil litigation issues of the day.
Each article in this edition is designed to help you understand how new developments in Canadian law will affect your practice.
Reproduced by permission of Thomson Reuters Canada Limited from Annual Review of Civil Litigation 2020, ed. The Honourable Mr. Justice Todd L. Archibald.
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NOVEMBER 13
Front Line Workers and Other Organizations May Be Protected From COVID-19 Claims
This article deals with the liability issues proposed by Bill 128.
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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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NOVEMBER 06
Evidentiary Issues on Motions and Applications: Overcoming Problems and Presenting Properly
This Paper was presented at the The Civil Litigator’s Survival Guide to Evidence conference organized by Osgoode Professional Development.
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OCTOBER 29
Doing Business More Effectively: Ontario Proposes Changes to the Business Corporations Act
The Government of Ontario recently introduced Bill 213, Better for People, Smarter for Business Act, 2020 to reduce regulatory burdens and remove barriers to economic growth, opportunity and innovation.
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OCTOBER 23
Expansion of the Availability of Medical Assistance in Dying
Medical assistance in dying ("MAID") has been legal in Canada since June 2016. Now, proposed amendments would extend the availability of MAID to those who face irreversible suffering but whose death is not foreseeable.
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OCTOBER 22
Constructively Dismissed Employee Entitled to Bonus Payment During Notice Period
The Supreme Court of Canada recently released its decision in Matthews v Ocean Nutrition Canada Limited, 2020 SCC 26, awarding a constructively dismissed employee with $1.1 million dollars in damages for his employer's failure to provide him with 15 months of reasonable notice upon termination, and a bonus payment that realized during his reasonable notice period.
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OCTOBER 22
Latest Update on Virtual Witnessing of Wills and Powers of Attorney: Extension in Ontario to November 21, 2020
In what is becoming a familiar refrain, the Ontario government has once again extended the time for Wills and Powers of Attorney to be witnessed virtually (i.e. over a video link) by 30 days to November 21, 2020
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OCTOBER 21
SCC Leave Denied: Public Authorities - Not Immune to Trademark Infringement Claims
The Supreme Court of Canada has denied leave to appeal of the Ontario (Energy) v Quality Program Services Inc.1 Federal Court decision, thereby bringing finality to whether public authorities are immune to trademark infringement claims arising from use of their official marks.
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OCTOBER 07
Has Your Business Implemented Ontario's New COVID-19 Screening Measures?
As of September 26, 2020, all employers, regardless of the sector they belong to, are now required to pre-screen their workers and any essentials visitors prior to their entry into the workplace.
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OCTOBER 05
The Results are in: Health Canada's Consultation on the Potential Market for Cannabis Health Products
On September 25, 2020, Health Canada published the results from its consultation "Potential Market for Cannabis Health Products (CHPs) that would not Require Practitioner Oversight", which took place from June 19 to September 3, 2019. The consultation sought feedback from the Canadian public and industry on a new category of cannabis products, referred to as cannabis health products ("CHPs").
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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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SEPTEMBER 29
Trademark Use: No Need for a "Bricks and Mortar" Presence in Canada
Use it or lose it" is a staple expression known to Canadian trademark lawyers. Once a business successfully registers a trademark in Canada, it must "use" its registered mark in Canada or it may lose the protections provided by the Trademarks Act (the "Act").
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SEPTEMBER 09
Deemed IDEL Extended to January 2, 2020
The acronym "IDEL" refers to the Ontario government's Infectious Disease Emergency Leave, which was added to the Employment Standards Act (the "ESA") in March, 2020 in response to the COVID-19 pandemic. The IDEL is a job-protected leave under the ESA, which means that employees cannot be terminated, penalized or reprised against for requesting or taking an IDEL. The IDEL is an unpaid leave of absence.
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SEPTEMBER 08
Latest Update on Virtual Witnessing of Wills and Powers of Attorney: Extension in Ontario to September 22, 2020
The Emergency Management and Civil Protection Act, temporarily permits virtual execution of Wills and Powers of Attorney through audio-visual communication technology during the COVID-19 emergency.
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AUGUST 27
Expanded Jurisdiction for CAT - Parking, Pets, Storage - Starting October 1, 2020
On August 26, 2020, the Ontario government announced that changes to expand the jurisdiction of the Condominium Authority Tribunal (the "CAT") will come into effect on October 1, 2020.
To date, the CAT's jurisdiction has been limited to hearing disputes relating to requests for records.
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AUGUST 21
Update: CERB Extended By Federal Government and New EI Benefits
The federal government announced on Thursday, August 20, 2020 new income support measures as individuals are transitioned off of the Canada Emergency Response Benefit (the "CERB"). These income support measures include an extension to the CERB, adjusted eligibility for Employment Insurance benefits, and new benefit programs.
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AUGUST 11
Generic.com - Registrable in Canada?
The U.S. Supreme Court recently confirmed that a "generic.com" term may be eligible for federal trademark registration in the U.S., in certain circumstances. We will review the relevant decisions, discuss the Canadian legal framework with respect to registration of such mark and consider the implications of seeking registration of a "generic.com" or a "generic.ca" mark in Canada.
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JULY 20
Businesses Beware: Depreciation in Goodwill Claims Not Bound by Industry Lines
The Federal Court of Canada (the "FCTD") recently released Toys "R" Us (Canada) Ltd v Herbs "R" Us Wellness Society, in which it considered whether a cannabis company, Herbs "R" Us Wellness Society ("Herbs R Us"), had breached Sections 20, 7(b) and 22 of Canada's Trademarks Act (the "Act") with respect to claims of trademark infringement, passing off and depreciation of goodwill. This is an interesting case in its review and application of Section 22 of the Act. It provides further protection for trademark owners in Canada.
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JULY 14
Termination Clauses Update: Your "For Cause" Provision Might Now Invalidate Your "Without Cause" Provision
A recent case from the Ontario Court of Appeal likely invalidates thousands of termination clauses across Ontario. If you are an employer using template employment agreements, you should have your templates reviewed right away. Your termination clauses may no longer be enforceable.
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JULY 14
10 Considerations Special Committees Should Address in A Going Private Transaction
Public issuers may choose to go private for several reasons. Among those most common may include the desire to minimize the time and costs affiliated with being a reporting issuer (audit, legal, transfer agent, stock exchange), the potential for greater fundraising activities, and the ability to close transactions faster. We have prepared this article to summarize ten (10) considerations that issuers, directors and special committee members should turn their minds to during a going private transaction.
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JUNE 18
ILN Bankruptcy, Insolvency & Rehabilitation Proceedings Guide - Canada Chapter
JUNE 16
Labour, Layoffs and the Law - What Every Business Owner Needs to Know During the Pandemic
The COVID-19 pandemic has impacted businesses across the industry spectrum in a manner not previously seen in a generation. Its collateral effect upon employees is nothing short of devastating. In response, both the Canadian federal and provincial governments have issued an array of support measures and guidelines that are continually being revised to address ever-evolving considerations. Based on client inquiries I have received in recent weeks; the following are some of the more recurrent employee-related questions being raised by employers. This article was first published in the June 2020 edition of Collision Repair Magazine
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JUNE 15
The Federal Court of Appeal Upholds Canada's Anti-Spam Legislation as Constitutional
On June 5, 2020, the Federal Court of Appeal released its decision in 3510395 Canada Inc. v. Attorney General of Canada et al., 2020 FCA 103, in which it upheld the constitutionality of Canada's anti-spam legislation.
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JUNE 08
CSA Announces Amendments to Regulatory Framework for at-the-Market Distributions
On June 4, 2020, as part of its effort to reduce the regulatory burden, the Canadian Securities Administrators (the "CSA") announced amendments coming into effect on August 31, 2020 (the "Amendments") to the regulatory framework for at-the-market ("ATM")distributions. Among other things, the Amendments will eliminate the requirement to obtain exemptive relief from securities regulatory authorities and will streamline the process for conducting an ATM distribution.
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JUNE 02
New Regulation: Infectious Disease Emergency Leave
Non-unionized employees who have had their hours reduced or eliminated as a result of the COVID-19 pandemic will be deemed to be on Infectious Disease Emergency Leave, which is unpaid, job-protected leave. The Regulation applies throughout the COVID-19 period, which is from March 1, 2020 until the date that is six weeks after the day that the emergency is declared terminated.
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MAY 28
Estate Freeze or Re-Freeze
An 'estate freeze' is a common tax planning strategy. The owner of shares of a private company can 'freeze' the value of his/her shares and transfer the future growth of the company to other family members. The benefit of a freeze from an income tax perspective is that the future taxation of the growth of the company can be transferred to other family members particularly children, thus limiting the tax liability of the owner on death and deferring the tax to the next generation.
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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
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MAY 20
Canada Emergency Commercial Rent Assistance Update: Relief is Almost Here, But Will Everyone Play Ball?
MAY 13
Recap of the OSC's Seminar: COVID-19 - Continuous Disclosure Obligations and Considerations for SMEs
The Ontario Securities Commission (the "OSC") hosted a presentation entitled "Continuous Disclosure Obligations and Considerations for Small and Medium Enterprises" ("SMEs") on May 6, 2020 (the "Presentation"). The purpose of this article is to summarize some of the key points discussed during the Presentation, with a particular focus on management's discussion and analysis ("MD&A"), financial information, material change reports ("MCRs") and temporary relief for executive compensation disclosure.
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MAY 13
Condominium Meetings - Bill 190 and Amendments to Condominium Act, 1998 - May 13, 2020 Update
On May 12, 2020, the provincial legislature approved (temporary) amendments to the Condominium Act, 1998 (the "Act") as part of Bill 190, the "COVID-19 Response and Reforms to Modernize Ontario Act, 2020".
Largely, these amendments to the Act mirror the earlier COVID-19 emergency order concerning condominium meetings and related issues. The emergency order, for example, provided time extensions for Annual General Meetings, allowed for 'virtual' condominium owners' meetings, permitted electronic service and implemented various other related measures.
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MAY 05
Premier's Office Releases Health Care Guidelines
The Ontario Ministry of Health indicates that there is evidence of human-tohuman transmission of the novel coronavirus (COVID-19). On April 30th, guidelines for certain industries were released by the Premier's Office. The Ontario government works closely with four provincial health and safety associations to help set, communicate and enforce the Occupational Health and Safety Act (the "Act"). In partnership with the Public Service Health and Safety Association ("PSHSA"), five guidelines were released as they relate to the health care sector.
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MAY 05
Ontario Responds to COVID-19: Increasing Health Care Human Resources
In response to the unprecedented strain COVID-19 has placed on healthcare human resources in Ontario, on May 1, 2020, the Government of Ontario issued a new temporary emergency order, O. Reg. 193/20, under subsection 7.0.2 (4) of the Emergency Management and Civil Protection Act, which provides measures respecting hospital credentialing processes. This emergency order supports the needs of Ontario's hospitals and healthcare workers so more of their time and resources can be spent on alleviating the outbreak of COVID-19 and administering patient care.
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MAY 01
Top Takeaways in Commercial Litigation, 2019
Takeaways from The Advocates' Society annual Top Cases in Commercial Litigation program. Republished with permission from The Advocates' Society.
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APRIL 30
Webinar: Understanding Canada's Emergency Wage Subsidy
Parliament has adopted a $73-billion wage-subsidy bill to help Canadian businesses through the COVID-19 pandemic. However, the devil is in the details and a careful examination of the legislation is needed to determine whether any given employer will qualify for the subsidy. Join us on Thursday April 30th at 1:30 pm for a webinar where our tax and employment lawyers will discuss what you need to know and provided answers to your pressing questions. View the PDF for more information and registration details.
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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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APRIL 27
Condominium Meetings - Emergency Order - April 27, 2020 Update
On the evening of Friday April 24, 2020, the Ontario government expanded the scope of its emergency orders to now address various issues relating to condominium owner and board meetings. The orders are retroactive to March 17, 2020 and will apply, unless amended further, for the duration of the emergency order.
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APRIL 24
Update on Virtual Witnessing of Wills and Powers of Attorney: Signing in Counterparts Now Temporarily Permitted in Ontario
APRIL 24
OMVIC: Where is the Leadership During COVID-19? Do Dealers Matter?
For the better part of 15 years I have represented various members of the automotive community (Manufacturers, Dealers, Salespeople, Repairers, Lenders, Lead Generators and more) throughout Ontario and Canada. During this time I have done my utmost to assist and represent the interests of the automotive community by ensuring that I was up to date, knowledgeable and passionate about the issues of the day. Today, there is no more pressing issue than COVID-19, and the industry's response to it.
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APRIL 23
Can Insurers Deny Coverage For Loss of Business Income or Business Interruption Arising From The COVID-19 Pandemic?
Implications of the Decision in MDS Inc. v. Factory Mutual Insurance Company (FM Global), 2020 ONSC 1924 on Business Interruption Claims Arising from the COVID-19 Pandemic
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APRIL 23
How Do I Apply For The Canada Emergency Wage Subsidy?
This week, the Canada Revenue Agency released details on how businesses can apply for the Canada Emergency Wage Subsidy ("CEWS").
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APRIL 22
UPDATE: COVID-19 Pandemic Assessment Work Relief Applications Under The Mining Act (Ontario)
On April 17, 2020 the Ministry acknowledged in a Mining Lands Administration System Update (the "Update") that the pandemic is a special circumstance creating challenges for all claim holders in Ontario. The Update provides that holders with claim anniversary dates on or before December 31, 2020 will be given an exclusion order by simply making a brief email request to the Provincial Mining Recorder Office at pro.ndm@ontario.ca on a no cost basis. The exclusion order will remove the requirement to carry out assessment work for a period of time of up to 12 months.
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APRIL 22
Get a Head Start - Avoid Prospectus Approval Delays by Pre-Filing a Prospectus on a Confidential Basis
On March 5, 2020 the Canadian Securities Administrators (the "CSA") introduced a harmonized process for full reviews of prospectuses on a confidential pre-filing basis for non-investment issuers (the "Pre-File Process"). The concept of pre-filing a prospectus for comment is not new, however it was previously applied inconsistently by the various regulators. This prompted the CSA to respond by releasing its Staff Notice 43-310 Confidential Pre-File Review of Prospectuses (for non-investment fund issuers) (the "Staff Notice") to help harmonize the pre-filing process, and to help issuers obtain more certainty and flexibility in prospectus offerings.
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APRIL 20
"My Dog Ate The Records: The CAT Takes a Hard Line on Reasonable Excuses"
In one of the most recent decisions of the Condominium Authority Tribunal ("CAT" or the "Tribunal"), we can see that the CAT is taking a hard line on corporations and a "reasonable excuse" for the non-production of records. In Surinder Mehta v Peel Condominium Corporation No. 389, 2020 ONCAT 9, the Tribunal determined quite decisively that "they do not exist" is not a reasonable excuse for not producing required records, and corporations can expect to pay the maximum penalty in such situations.
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APRIL 19
Working From Home in the Time of COVID-19
Given the large numbers of people, both employed and self-employed, who are currently working from home in order to comply with physical distancing guidelines, it is useful to review the rules surrounding the deduction of home office expenses, for purposes of the Income Tax Act (Canada) (herein the "Act"). While there are many similarities, there are some subtle differences in the restrictions that apply to employees earning employment income versus self-employed individuals earning income from carrying on a business at home.
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APRIL 16
Construction Law Update - Suspension Period Lifted for Construction Liens and the Release of Holdback
On March 20, 2020, the Province of Ontario filed an order in council under the Emergency Management and Civil Protection Act effectively suspending until further notice all statutory limitation periods, including the limitation periods to preserve and perfect construction liens retroactive to March 16, 2020. However, the inclusion of construction liens in the suspension order proved highly problematic.
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APRIL 15
TSXV Announces Temporary Relief of $0.05 Minimum Pricing Requirement
Pursuant to a bulletin issued on April 8, 2020, the TSX Venture Exchange ("TSXV") implemented further temporary relief measures (the "Temporary Relief") in response to the COVID-19 pandemic, regarding its $0.05 minimum pricing requirement.
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APRIL 14
Canada Emergency Wage Subsidy - What Does the Legislation Say?
On April 11, 2020, the federal government passed Bill C-14 (A second Act respecting certain measures in response to COVID-19; the "Act") which amended the Income Tax Act to implement the 75% COVID-19 emergency wage subsidy first announced by the government on March 27, 2020.
On a high-level basis, the Act provides a 75% wage subsidy (up to a maximum of $847 per week) to employers in respect of employees that continue to be employed during the crisis. As always, however, the devil is in the details and a careful examination of the legislation is needed to determine whether any given employer will qualify for the subsidy.
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APRIL 14
"Residents Are in Isolation, How Can we Help?"
Unfortunately, due to the contagious nature of COVID-19, it is likely a matter of when, and not if, a resident will test positive, or be placed into isolation for being in contact with someone who has tested positive. As such, corporations need to be prepared.
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APRIL 13
Virtual Witnessing of Wills and Powers of Attorney Now Temporarily Permitted in Ontario
On April 7, 2020 The Lieutenant Governor in Council made an order under s. 7.0.2(4) of the Emergency Management and Civil Protection Act, to temporarily permit virtual execution of Wills and Powers of Attorney through audio-visual communication technology during the COVID-19 emergency.
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APRIL 10
The 2020 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.
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APRIL 09
Ontario's Construction Industry - Still Open For Business?
On Friday April 3, 2020, the Provincial government announced it would be reducing the list of businesses classified as essential and order more businesses to close. The government's announcement included a significant change to the construction sector. While most of the industry was deemed an "essential service" by the Province just a few weeks ago, this most recent announcement requires all construction activities to cease, subject to certain key exceptions.
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APRIL 09
Updated: Can My Business Access the 75% Federal Wage Subsidy?
Since the time this article was originally published on April 2, 2020, new details about the Canada Emergency Wage Subsidy have been announced. The article below has been updated to reflect the following new information.
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APRIL 09
Canada's COVID-19 Economic Response Plan: How Can Your Business Benefit?
The Government of Canada is showing support for Canadian businesses that may be experiencing difficulties due to the worldwide COVID-19 pandemic.
The government's response plan is fluid, as the Canadian economy continues to adjust to these turbulent times. It is important to stay updated daily, to see if your business can benefit. Key areas of support, the latest details of which are set out in the article, include access to credit, retaining employees and key personnel, providing market stability and granting flexibility:
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APRIL 03
Can a Physician Refuse to Work During COVID-19?
As media sources detail a supply shortage among COVID-19 first responders, physicians are questioning where the line is drawn between their right to refuse unsafe work and their duty to provide care.
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APRIL 03
Canadian Securities Regulators and TSX Publish Details of Blanket Relief; Extension of AGM Deadlines Under Business Corporations Act (Ontario)
APRIL 02
Condos & Covid - Common Expense Relief?
The economic impacts of Covid-19 have Condo Boards asking "Can we give unit owners a break on their common expenses?"
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MARCH 31
Is Your Business Eligible for the Canada Emergency Business Account?
UPDATE: Please note that this article has been updated since its original publication.
On Friday March 27th, 2020, Prime Minister Justin Trudeau announced a new measure to support small businesses and not-for-profits dealing with the economic impacts of the pandemic. The announcement is part of the government’s COVID-19 Economic Response Plan, which already commits $107 billion in support to Canadians.
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MARCH 31
COVID-19 Pandemic - Assessment Work Relief Applications Under the Mining Act (Ontario)
Following the declaration of emergency made on March 17, 2020 under the Emergency Management and Civil Protection Act (Ontario) due to the COVID-19 pandemic, the ability of holders of unpatented mining claims to perform assessment work required under the Mining Act (Ontario) (the "Act") will be difficult or impossible until such time as government ordered social distancing measures have been lifted.
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MARCH 31
Pandemics and Emergency Access to Patented Technology in Canada
Canada's COVID-19 Emergency Response Act came into force on March 25, 2020. Perhaps overlooked amongst emergency relief, health care and financial effects is Part 12 of the Act which makes changes to the Patent Act.
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MARCH 30
What Can The Act of God Defence in Regulatory Offences Tell us About Responding to The COVID-19 Crisis?
MARCH 30
The Court of Appeal for Ontario Sets The Record Straight Concerning The Applicability of The Tarion Addendum in Residential Agreements of Purchase and Sale
In its release of the highly-anticipated decision in Ingarra v. 301099 Ontario Limited (Previn Court Homes), 2020 ONCA 103 on February 11, 2020, the Ontario Court of Appeal addressed the issue of whether an agreement between lawyers (made orally and through the exchange of faxes and emails) to extend the agreed upon "Firm Closing Date" to the "Interim Closing Dates" (with adjustments remaining as at January 11, 2018) superseded the operation and effect of the provisions of the Tarion Addendum.
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MARCH 27
Caution for Physicians During COVID-19
As COVID-19 cases surge, medical regulators are taking swift action to ensure that drugs required to treat the virus are prescribed based on evidence, and that they remain available to patients who need them. A directive was issued this week from the Ontario Pharmacists Association, Ontario Medical Association, and Registered Nurses' Association of Ontario, which can be found here. The Directive reminds medical professionals of their obligation to educate patients that treatments for COVID-19, like with any illness, need to be evidence based.
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MARCH 26
E-Wills - Legislative Change a Necessity in the COVID-19 Crisis
The Ontario Government has ordered the mandatory closure of all non-essential workplaces effective as of Tuesday March 24th at 11:59 pm. for a 14 day period, with the potential of lengthening that period as the COVID-19 pandemic unfolds. While the professional services of lawyers have been listed as one of the essential workplaces excluded from the mandatory closure, the delivery of estate planning legal services is particularly challenging in these trying times.
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MARCH 26
How to Assist With the Medical Supply Shortage
As the COVID-19 pandemic continues to develop across Canada, medical professionals anticipate that there could be a shortage in medical supplies and equipment. While all levels of government have been taking steps to respond to COVID-19 and to obtain necessary supplies, they have also reached out to the private sector to assist.
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MARCH 26
What You Need to Know About Employment Insurance Benefits
There are several types of employment insurance benefits available to individuals during this difficult time.
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MARCH 26
How to Assist With the Medical Supply Shortage
As the COVID-19 pandemic continues to develop across Canada, medical professionals anticipate that there could be a shortage in medical supplies and equipment. While all levels of government have been taking steps to respond to COVID-19 and to obtain necessary supplies, they have also reached out to the private sector to assist.
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MARCH 25
Litigation During the COVID-19 Pandemic: Is Your Matter Urgent?
On March 17, 2020, the Ontario Superior Court began restricting the matters that would be heard amidst COVID-19 concerns. For civil and commercial matters in Toronto, the Court will only be hearing matters related to outstanding warrants or urgent and time sensitive motions that pose a risk of immediate and significant financial repercussions if they are not dealt with. This leaves an important question unanswered: what is considered urgent?
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MARCH 24
Is Your Business Essential?
On March 23, 2020, Ontario Premier Doug Ford ordered that that all non-essential stores and services be closed by Tuesday, March 24, 2020 at 11:59 p.m.. This follows a series of orders made by the provincial government, pursuant to its powers under the Emergency Management and Civil Protection Act, made in an attempt to slow the spread of COVID-19 and protect Ontarians during these unprecedented times.
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MARCH 23
Employer Options During COVID-19: Work-Sharing Program
Many employers wish to avoid layoffs during this unprecedented economic climate. An option for employers is to work with their employees to create alternative employment arrangements. Work-Sharing is one program available to employers and employees that can accommodate a temporary reduction in business activity due to events beyond the control of the employer, such as COVID-19.
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MARCH 23
COVID-19 and Shareholder Meetings: Now What?
We have received several inquiries from clients asking for guidance regarding their shareholders meetings in light of the rapidly evolving novel coronavirus pandemic and the need to socially distance ourselves. With the AGM meeting season upon us, this article seeks to provide information relating to (i) the options available for holding AGMs in light of the COVID-19 concerns and (ii) the procedures to be followed in the event that an issuer decides to change the date, time or location of its in-person AGM due to COVID-19.
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MARCH 20
COVID-19 and Performance of Contractual Obligations
As the global community works to respond to the challenges presented by the spread of COVID-19, many Canadian businesses have been impacted by market and supply chain disruptions, as well as government mandated travel and business restrictions. This article considers the utility of force majeure clauses in commercial contracts, and whether COVID-19 may be invoked as an excuse to non-perform, or delay the performance of, contractual obligations.
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MARCH 20
Ontario Amends its Employment Standards Act in Response to COVID:19
On March 19, 2020, in response to the measures imposed on employers and businesses by the government to curb the spread of COVID-19, Bill 186, titled “An Act to amend the Employment Standards Act, 2000” (the "Bill") received Royal Assent from the provincial legislature. Emergency Leave under the Employment Standards Act (the “Act”) now includes both declared emergencies and infectious disease emergencies.
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MARCH 20
COVID-19: Is Your Agreement of Purchase and Sale Enforceable?
In this new and sudden reality, some people are facing this significant question: do agreements of purchase and sale signed before the outbreak remain enforceable?
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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
The CSA to Grant Temporary (45-Day) Relief for Some Regulatory Filings Due to COVID-19
This article highlights some of the key points around the CSA's 45-day extension and what issuers and other capital market participants need to know with respect to regulatory filings due to COVID-19.
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MARCH 19
What are Your Options as an Employer During the COVID-19 Pandemic?
During the COVID-19 pandemic, employers have to make tough decisions to ensure the long-term health of their businesses. Below are some options for employers when deciding how to manage their business in the coming weeks.
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MARCH 19
Federal Government Announces Support Plan for Canadian Households and Business
On March 18, 2020, the Federal Government released an $82 billion package in financial support - $27 billion in direct relief to workers and business, and $55 billion to meet liquidity needs of Canadian businesses and households through the deferral of certain income tax obligations.
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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.
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
MARCH 12
Coronavirus and Condominiums - March 12, 2020 Update
Given the widespread public concern relating to coronavirus (COVID-19), which the World Health Organization has now declared to be a pandemic, we are writing to address some condominium specific issues...
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MARCH 10
Are You Properly Relying on The Private Issuer Exemption To Issue Shares or Other Securities?
Many private issuers incorrectly assume that because they are non-distributing companies (i.e. not public), securities laws do not apply to them. This is an incorrect assumption that could result in issuers unknowingly acting contrary to securities laws. The purpose of this article is to review the principal elements of the Ontario private issuer exemption...
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MARCH 04
Is your Organization Ready for the Coronavirus?
On March 1, 2020, Mayor John Tory announced that Toronto Public Health was monitoring five (5) positive cases of the Coronavirus: COVID-19 in Toronto...
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MARCH 02
The Alberta Court of Appeal's Decision on the Federal Carbon Scheme
On February 24, 2020 the Alberta Court of Appeal in Reference re Greenhouse Gas Pollution Pricing Act, 2020 ABCA 74 ruled that both the pricing charge on carbon-based fuels and the regulatory trading system applicable to large industrial emitters of GHG's were wholly unconstitutional...
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MARCH 02
Getting Psychedelic in Canada: Legalities of Psychedelic Therapies
This bulletin provides an introduction into psychedelics and their potential therapeutic applications and describes the legal process through which companies can become involved in this developing field, classified by many as a “psychedelic renaissance.”
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FEBRUARY 28
Is Your Business Addressing Mental Health?
On January 23, 2020, CAMH launched the Workplace Mental Health Playbook for Business Leaders, which addresses the relationship between employees, their workplace, and mental health...
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FEBRUARY 26
The Dilemma of What to do When Authorities Seek Interviews During Ongoing Compliance Monitoring and Investigations of Offences
The British Columbia Supreme Court's decision on the admissibility of two statements provided to environmental officers provides guidance on how interviews should be conducted when there is a dual purpose to the interview-one being investigative and another being regulatory...
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FEBRUARY 21
New Year, New Decade - Same Scammer, Better Scams
Fraudsters have continually evolved, and are increasingly using technology to target unsuspecting dealers, salespersons, managers and consumers.
This article first appeared in the February 2020 edition of the Ontario Dealer Magazine and is republished with their permission.
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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 14
Can I Date my Colleague?
We see hearts and roses everywhere during the month of February, especially in the weeks leading up to Valentine's Day. Given the amount of time Canadians spend at work, it is not surprising that relationships bloom in the workplace from time to time. After all, many of us spend more time with our colleagues than with our friends and family...
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FEBRUARY 13
Six-Minute Commercial Leasing Lawyer: 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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JANUARY 16
Are you in Compliance with your HR Obligations Going into 2020?
The month of January is a month known for resolutions. It is the perfect time to plan for the year ahead, which means considering whether your organization is in compliance with its legal obligations as you head into 2020...
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JANUARY 16
In the Sale of Property Responsibility for Removal and Redediation of Underground Storage Tanks Needs to be Clear
On January 9, 2020, the B.C. Supreme Court in Walton v. Warren 2020 BCSC 19 found in favour of the Purchaser when an undiscovered underground storage tank required removal and site remediation following closing...
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JANUARY 15
The Canadian Cannabis Sector: Financing in Difficult Times
Dire predictions in the media about the "bubble bursting" or the floodgates opening for insolvencies in the Canadian cannabis sector has certainly not been helpful to those cannabis producers seeking financing...
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2019
DECEMBER 16
Federal Court Dismisses Demand for Investigation of CEPA Violations Relating to Diesel Vehicles Equipped with Defeat Devices
In Gray and Malas v. Attorney General of Canada 2019 FC 1553 the Federal Court dismissed an application for judicial review of two decisions by the Minister of Environment and Climate Change...
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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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DECEMBER 02
How do Dealerships Deal with Improper, Off-Duty Social Media Conduct by Employees?
Social media use is at an all-time high and is increasing daily. This presents both business opportunities and risks to your dealership and its management team. In my role as the ever-cautious conservative lawyer, I will use this article to focus on those risks and what you can do about them...
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NOVEMBER 26
Avoiding the Garden Path of Mathematics with the Barometer of Fairness: An Analysis of Discount Rates in Canadian Case Law, and Lessons for Business Valuator Experts
Authored by Milton Davis, Ronald Davis and Elizabeth Armstrong and published in the 2019 Journal of Business Valuation.
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NOVEMBER 18
Lack of Regulatory Approvals Not Determinative of Criminal Negligence
In R. v. Javanmardi, 2019 SCC 54 the Supreme Court of Canada has clarified that the absence of an authorization, licence or permit is not determinative of a marked and substantial departure from the standard of a reasonable person on a charge of criminal negligence causing death...
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NOVEMBER 18
How do dealerships deal with improper, off-duty social media conduct by employees?
Social media use is at an all-time high and is increasing daily. This presents both business opportunities and risks
to your dealership and its management team.
This article first appeared in the November 2019 issues of the Ontario Dealer Magazine and is republished with their permision.
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NOVEMBER 14
Cannabis Industry Warned by CSA to Improve Governance
On November 12, 2019, the Canadian Securities Administrators issued Multilateral Staff Notice 51-359 — Corporate Governance Related Disclosure Expectations for Reporting Issuers in the Cannabis Industry (the "Notice") to provide cannabis and other issuers in emerging growth areas with supplemental information related to the disclosure of financial interests in significant corporate transactions...
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OCTOBER 21
Simple Agreement for Future Equity - Are They Really that Safe?
If you're involved in the start-up space, you've likely heard the term "safe". A Simple Agreement for Future Equity, more commonly referred to as a SAFE, was introduced by Y Combinator in 2013 as a cost-effective, simple and quick method for start-ups to raise capital...
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OCTOBER 16
Is an Election an Effective Substitute for The Public Consultation Process Under the Environmental Bill of Rights?
The short answer is no according to the majority reasons of the Ontario Divisional Court given on October 11, 2019 in Greenpeace Canada v. Minister of the Environment (Ontario), 2019 ONSC 5629...
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OCTOBER 09
Condominium Commentary Conference Edition
OCTOBER 08
Condominium News - Quick Hits
This is a quick roundup of current condominium legal issues as we head into the Autumn of 2019.
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OCTOBER 08
Construction Contracts: NEW Mandatory Prompt Payment Requirements and Adjudication
On October 1, 2019, the second set of amendments to the Construction Lien Act came into force.
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OCTOBER 08
Trials and Tribulations of a CAT
Summer came late to Toronto this year, and with it, came an inudation of Condominium Authority Tribunal ("CAT" or the "Tribunal") matters.
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OCTOBER 08
Recent CAT Decisions - Manager Reports, Board "Notes", Redactions, Legal Costs, and More!
The Condominium Authority Tribunal ("CAT") has released some instructive decisions in the late summer/early fall of 2019 to further clarify records request matters and the CAT's own procedures.
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SEPTEMBER 12
Hot Off the Press: the CSA Issues Guidance on Climate Change-Related Risks
On August 1, 2019 the Canadian Securities Administrators ("CSA") published Staff Notice 51-358 Reporting of Climate Change-related Risks (the "Notice") to highlight the responsibilities, risks and materiality considerations that board members and key personnel should consider in light of climate change-related issues as they relate to the issuer's Management's Discussion and Analysis ("MD&A") and Annual Information Form ("AIF")...
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SEPTEMBER 04
Cross Border Tax - Regulation 105: Part I
Regulation 105 to Paragraph 153(1)(g) of the Income Tax Act (Canada) requires a Canadian customer of a non-resident of Canada to withhold 15% of the amount invoiced by the non-resident for the latter's services rendered in Canada...
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SEPTEMBER 04
What Should you Know About the Coming Into Force of the Impact Assessment Act?
As of the end of August 2019, Canada has a new environmental assessment regime — the Impact Assessment Act...
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AUGUST 29
Back to School, Back to Basics
Fall is a great time to remind you and your team of the little things that are crucial to your dealer's long-term success, and its compliance with the law.
This article first appeared in the August 2019 Edition of the Ontario Dealer and is republished with permission by the Ontario Dealer.
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AUGUST 12
Recent CAT Decisions - Manager Reports, Board "Notes", Redactions, Legal Costs, and More!
The Condominium Authority Tribunal ("CAT") has recently released some instructive decisions further clarifying records request matters and the CAT's own procedures.
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JULY 23
Understanding Trademarks Act Changes
Published in the July Issue of DM Magazine. Click Here to read the article.
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JULY 15
City of Victoria's Plastic Bag Prohibition Held Invalid by B.C. Court of Appeal
On July 11, 2019 the B.C. Court of Appeal in Canadian Plastic Bag Association v. Victoria (City), 2019 BCCA 254 invalidated a City of Victoria by-law that would have prohibited businesses from providing or selling plastic bags to customers and further would have imposed fees to be charged for paper or other re-useable bags.
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JULY 04
Feeling Lucky? Submit an Expression of Interest Application to Participate in the Ontario Cannabis Lottery (Cut 2)
On July 3, 2019 the provincial regulator for cannabis retail storefronts, the Alcohol and Gaming Commission of Ontario (the "AGCO"), announced that it has been given the regulatory authority to conduct a second lottery for 42 private cannabis retail store authorizations (the "Lottery").
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JULY 03
Ontario Challenge to Federal Carbon Pricing Scheme Rejected by Court of Appeal - Where do we go from Here?
On June 28, 2019 the Ontario Court of Appeal rejected the Province of Ontario's constitutional challenge of the Canadian Government's carbon pricing legislation, determining that the law fell within the federal government's constitutional authority to make laws for the peace, order and good government of Canada and did not amount to a tax.
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JUNE 24
Bills C-48 and C-69 Clear Their Final Legislative Hurdle
On June 20th, 2019 the Canadian Senate, Parliament's chamber of second thought, approved two government bills for which it had proposed significant amendments...
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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JUNE 10
Declaring a Cash Dividend: Remember the Solvency Tests!
While the board of directors of a corporation governed by the Business Corporations Act (Ontario) (the "OBCA") has the power to declare dividends, its authority to declare and pay cash dividends is subject to compliance with two statutory solvency tests.
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MAY 29
Daniel LaPlante v. The Queen: Family Trusts and Corporate Transactions Gone Awry
Many trustees do not follow the legalities surrounding family trusts in corporate transactions. On a share sale transaction, the trustees (often one or both of the patriarch or matriarch of the business) purport to allocate sale proceeds received by the family trust to its beneficiaries (often children, grandchildren or other close relatives)...
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MAY 24
How to Protect Your Dealership Against Buyer's Remorse & Tricky Customers
Tricky customers are, in a sense, your most important customers. If you turn a tricky customer into a happy customer, the rewards are often significant. Alternatively, an unhappy, tricky customer can wreak havoc on your staff, their morale and your dealership's reputation – especially online.
This article first appeared in the May 2019 Edition of the Ontario Dealer and is republished with permission by the Ontario Dealer.
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MAY 08
Out with the Old In With the "Re-NEWed System" to Replace SEDI, SEDAR and NRD
On May 2, 2019 the Canadian Securities Administrators ("CSA") issued a press release introducing the National Systems Renewal Program ("NSPR") aimed at developing a new centralized information technology system (the "Renewed System") to replace various local records filing systems, as well as the System for Electronic Development Analysis and Retrieval ("SEDAR"), the System for Electronic Disclosure by Insiders ("SEDI"), and the National Registration Database ("NRD").
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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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APRIL 26
Ontario Moves to Update Provincial Environmental Assessment
On April 25th, 2019 the Environmental Registry https://ero.ontario.ca/notice/013-5102#proposal-details contained proposals for amending the Province's Environmental Assessment Act enacted 44 years ago in 1975.
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APRIL 25
Proposed Changes to the Canada Business Corporations Act
On April 8, 2019, the federal government introduced Bill C-97 in order to implement its spring budget. Bill C-97 proposes to effect amendments to a number of federal statutes, including making important changes to the Canada Business Corporations Act ("CBCA").
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APRIL 02
Greater Corporate Transparency on the Horizon: Non-Public CBCA Corporations to be Required to Keep Securities Register of Individuals with "Significant Control"
Bill C-86 Budget Implementation Act, 2018, No. 2 is amending the Canada Business Corporations Act ("CBCA") to require private federal corporations to maintain a register of "individuals with significant control" over the issued capital of the corporation.
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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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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 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...
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
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.
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
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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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MARCH 01
What's "Trending Now" in Digital Advertising & Marketing Law
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 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 SecurityCompliance 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
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.
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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
JANUARY 14
Ronald Snyder arguing 1 of 5 top cases in 2016 before the Supreme Court of Canada: Wilson v. Atomic Energy of Canada
2015
DECEMBER 16
Change in Climate: Ontario Introduces Cap and Trade
DECEMBER 10
LIMIT YOUR LIABILITY TO PAY BONUSES DURING NOTICE PERIOD
DECEMBER 10
Canadian Copyright Law –Technological Neutrality
DECEMBER 09
Equity Crowdfunding In Canada: Final Rules Approved
DECEMBER 09
Bhasin v. Hrynew and the Duty of Good Faith
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Expertise & Industry:
- Litigation and Dispute Resolution
- Real Estate Litigation
- Administrative and Regulatory
- Arbitration and Alternative Dispute Resolution (ADR)
- Bankruptcy Litigation
- Broker/Dealer Litigation
- Commercial Litigation
- Employment Litigation
- Environmental Litigation
- Estate Litigation
- Insurance Litigation
- Intellectual Property Litigation and Dispute Resolution
- Judicial Review and Appeals
- Landlord and Tenant Matters
- Pensions and Benefits Litigation
- Professional Regulation and Discipline
- Securities Litigation
- Tax Dispute Resolution
DECEMBER 09
DEALING WITH DIFFICULT SENIOR COUNSEL
DECEMBER 07
Cap and Trade Design Options Up for Comment
DECEMBER 04
Are We There Yet?
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
Nuclear Waste Repository Decision Postponed
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
LIMITATION OF ACTIONS FOR ENVIRONMENTAL CONTAMINATION: DISCOVERABILITY
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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 13
"Justification" under CEAA 2012
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 14
Displacing Forum Selection Clauses
The Flexible Concepts of Scope and Strong Cause, (2015) Canadian International Lawyer, Vol 10 No 2