Tax-Exempt Status Preserved - Despite Sophisticated Operations

WeirFoulds LLP Corporate Update - Fall 2008
Monday, October 20, 2008
J. Gregory Richards

A recent Tax Court of Canada decision confirms that not-for-profit organizations can adopt the good practices, efficiencies and activities of a well-run business – without jeopardizing their tax-exempt status.

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Balancing Act – Municipality Not Negligent in Enforcing

WeirFoulds LLP Government Update - Fall 2008
Friday, October 10, 2008
George Rust-D'Eye

Recent court decision gives municipalities acting in good faith broad discretion in how by-law enforcement takes place.

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Guardianships

WeirFoulds LLP Litigation Update - September 2008
Monday, September 01, 2008
Clare Burns, Lori Duffy, Maralynne Monteith

 As medical science has improved, so has the life expectancy of those who are catastrophically injured. With longer life expectancy has come increased financial need for those who experience these tragedies. Personal injury damage awards have increased commensurate with this new reality. In the result, it is no longer unusual to see damage awards of more than $5 million.

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The Paper Chase

WeirFoulds LLP Property Update - Summer/Fall 2008
Thursday, August 21, 2008
Angela Mockford

Lease documentation takes many forms, from short form deal sheets to long form ground leases. Choosing the right form for your situation can help ensure you get the lease you expected - and that it is legally binding.

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The Landlord, the Knock Off, the Potential Liability

WeirFoulds LLP Property Update - Summer/Fall 2008
Thursday, August 21, 2008
Albert Formosa, Elisabeth Patrick

You're a landlord, and your tenant is selling knock-off merchandise that violates copyright or trademark laws. In some other countries, the landlord's liability for such violations has been the subject of court proceedings. Is Canada next?

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Tighter Rules on Damages in Wrongful Dismissal Cases

WeirFoulds LLP Litigation Update - Summer 2008
Friday, July 25, 2008
Carole McAfee Wallace, Elisabeth Patrick

A new Supreme Court of Canada decision provides both relief and clarity for employers facing potential wrongful dismissal actions.

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Municipalities Could Face Reduced Business Property Assessments

WeirFoulds LLP Government Update - Summer 2008
Friday, June 20, 2008
Jeff Cowan

It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how income producing properties should be assessed for municipal taxation in Ontario.

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Toronto Lobbyist Rules – A New Way of Doing Business

WeirFoulds LLP Government Update - Summer 2008
Friday, June 20, 2008
Christopher Tzekas

The City of Toronto's computer leasing scandal unfolded nearly a decade ago, but its impact continues to be felt today as the City puts procedures in place to minimize the chances of such a scandal recurring.

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Major Shift in Law Relating to Bidding and Tendering

WeirFoulds LLP Government Update - Summer 2008
Friday, June 20, 2008
Glenn Ackerley

A simple clause in an RFP document excluding liability has the potential to alter the business tendering landscape.

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Less Onerous Employee Dismissal Process for Municipalities

WeirFoulds LLP Government Update - June 9 2008
Monday, June 09, 2008
Barnet Kussner

The Supreme Court of Canada makes it clear that a fairness hearing is not needed prior to dismissing the holder of a public office.

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Public Peephole into Municipal Affairs is Widening

WeirFoulds LLP Government Update - June 2, 2008
Monday, June 02, 2008
George Rust-D'Eye

The Ontario Court of Appeal has expanded public access to information to include the business activities of a municipally-owned corporation.

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The changing face of Human Rights complaints

WeirFoulds LLP - Litigation - Employment Update Summer 2008
Monday, June 02, 2008

The new Human Rights regime will impact both employers and unions in dealing with the system.

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A vote of sanity in employee claims of bad faith

WeirFoulds LLP - Litigation - Employment Update Summer 2008
Monday, June 02, 2008
Peter Biro

A recent unanimous Ontario Court of Appeal decision puts limits on what qualifies as "bad faith" in the manner of termination.

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Drug testing standoff


Monday, June 02, 2008
Raj Anand

Both Alberta and Ontario have released leading cases on drug testing – but each has reached a different conclusion.

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Tenant bankruptcy and beyond


Friday, May 30, 2008
Krista Chaytor

"Bankruptcy" is commonly used to describe a number of legal situations involving a tenant's financial distress. But with the rights and obligations of landlords and tenants determined by the true course of action taken, it pays for both sides to get the facts.

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Business property tax assessments: This time it's technical


Friday, May 30, 2008
Jeff Cowan

It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how business property should be assessed for municipal taxes. For the owners of six office tower complexes in downtown Toronto, it was well worth the effort.

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Directors BEWARE – Potential Environmental Liability

WeirFoulds LLP - Litigation Update Spring 2008
Thursday, May 01, 2008
John Buhlman, W. A. Derry Millar

When it comes to industrial clean-ups, the Ministry of the Environment is looking for help – and personal liability can lurk in the murky ponds and work sites of the companies you serve.

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Capital Pool Companies

WeirFoulds LLP - Corporate Update Spring 2008
Thursday, May 01, 2008
Michael Dolphin, Sanjay Joshi

For private companies looking to take their company public, a Capital Pool Company (CPC) provides an excellent alternative to the traditional IPO.

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Duty to consult with First Nations: A municipal obligation?

WeirFoulds LLP - Government Update Winter 2008
Tuesday, January 01, 2008
M. Jill Dougherty

The Canadian federal government and all provincial governments have a duty to consult with the First Nations before taking any steps that may infringe on aboriginal or treaty rights which are claimed or have been established. The case law on this point is clear. What isn't so clear is whether the duty to consult with the First Nations applies to municipalities when making land-use or other decisions that may impact these rights.

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Employment settlements that stick

WeirFoulds LLP - Employment Update Winter 2008
Tuesday, January 01, 2008
Zirka Jakibchuk

A few careful steps can help ensure the employment termination settlements you provide are beyond any future legal challenge.

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Make it a functional Family Day

WeirFoulds LLP - Employment Update Winter 2008
Tuesday, January 01, 2008
Peter Biro

The simple addition of one public holiday may be anything but simple for some employers.

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Putting new municipal accountability measures into action

WeirFoulds LLP - Government Update Winter 2008
Tuesday, January 01, 2008
Kim Mullin

Major amendments to the Municipal Act, 2001 took effect on January 1, 2007. One of the key changes was the introduction of accountability provisions that give municipalities the power to create new positions to help ensure that good governance is maintained by local council and boards.

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