Proposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To Arbitrate

April 16, 2018

In Heller  v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between the proposed representative plaintiff and Uber include an agreement to arbitrate disputes in the Netherlands, under the Rules of the International Chamber of Commerce. The motion to stay the class action raised important issues regarding arbitration agreements, and the decision demonstrates that Ontario is an arbitration-friendly jurisdiction.

Local Planning Appeal Tribunal Act, 2017

February 26, 2018

According to the information set out on E-laws, the Local Planning Appeal Tribunal Act, 2017 will be proclaimed in force as at April 3, 2018.  As at that date the Ontario Municipal Board will be continued under the name Local Planning Appeal Tribunal (the "Tribunal") and a reference to the Ontario Municipal Board or to that board under any other name in any general or special Act or in any regulation will be deemed to be a reference to the Tribunal.

Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure

January 3, 2018

TheInfrastructure for Jobs and Prosperity Act, 2015 ("IJPA") in section6(2) sets out principles for the provincial government to regulate assetmanagement planning for municipalities. On December 27, 2017, O. Reg. 588/17(the "Regulation") under the IJPA was released.  

Prudent Investor Legislative Provisions Update - Fourth

December 1, 2017

Earlier today the Ministry of Municipal Affairs advised that the regulation to be made under section 418.1 of the Municipal Act, 2001 will not come into effect on January 1, 2018. We understand that the Ministry plans to take additional time to consider the feedback that it received in respect of the summary of the proposed municipal prudent investor rules that the Ministry posted in the early part of October.

A Discussion on the Delivery of Infrastructure through Public-Private Partnerships: the Importance of Policy Architecture - PUNUKA Annual Lecture, Lagos, Nigeria

May 31, 2017

The World Bank's PPP Knowledge Lab defines a Public-Private Partnership ("P3") as "[a] long-term contract between a private party and a government entity, for providing a public asset or service, in which the private party bears significant risk and management responsibility, and remuneration is linked to performance". The core features of P3 procurement are the transfer of risk to the private sector, and private financial participation.


Parental Recognition and Proposed Amendments to Ontario Legislation: Part 2

December 5, 2016

In February 2016, we wrote about the Cy and Ruby's Act (Parental Recognition), 2015, which proposed a number of amendments to statutes dealing with parental recognition.   We noted that the proposed amendments (the main amendments being to the Children's Law Reform Act ) dealt with various typical factual scenarios involving assisted reproduction with donated genetic material from a third party, surrogacy arrangements or the possibility that an intended parent's own genetic materials would be stored and used at a later time.  One of the goals of the proposed amendments was to facilitate the parental recognition of same-sex partners who rely on assisted reproduction for the conception and birth of children they intend to parent.  Indeed, one of the significant proposed amendments was the replacement of all references to "mother" and "father" with references to "parent". 

Sexual Abuse Task Force Recommendations: Why All Professional Regulators Should Pay Attention

October 27, 2016

WeirFoulds Partner Debbie Tarshis breaks down the recommendations in the recent released report from the Minister's Task Force on the Prevention of Sexual Abuse of Patients and the Regulated Health Professions Act, 1991 and explains why they affect all professional regulators.

Toronto Ponders Controversial New Parking Tax to Help Balance City Books

October 3, 2016

On June 28, 2016, before breaking for the summer, the City of Toronto's powerful Executive Committee met and reviewed an earlier study by KPMG which looked at various new revenue-generating policy proposals with an eye towards addressing the City's estimated $582 million operating shortfall for 2017.

National Cyber Security Awareness Month: 10 Tips For Businesses

September 30, 2016

October is national Cyber Security Awareness Month. Here are 10 cybersecurity tips for businesses.

Regulating Utility Governance: An Analysis of the Ontario Energy Board's Role

September 29, 2016 | download

The Ontario Energy Board has announced its intention to conduct a consultation respecting its role in providing guidance to regulated entities with respect to corporate governance.

This paper examines the possible role of the Ontario Energy Board in the governance of rate-regulated utilities. The conclusion of the paper is that the Board should have no such role. To begin with, it serves no practical purpose. Beyond that, the paper highlights the fact that the OEB already has effective control over those activities. The paper asserts that for the OEB to exercise some form of oversight over corporate governance would serve no public policy objective, and would instead would represent a particularly intrusive form of regulatory over-reach.

The RHPA's "blanket provision": protecting professional self-regulatory colleges from human rights complaints

September 27, 2016

In a recently released decision, Dindial v. College of Nurses,[1] the Human Rights Tribunal of Ontario ("HRTO") dismissed an application by a registered nurse alleging that she was discriminated against by the College of Nurses ("CNO") on the grounds of race, colour, ethnic origin, and disability.

The allegations arose from the CNO carrying out its duties under the Regulated Health Professions Act, 1991, S.O. 1991, c.18 ("RHPA"). The HRTO found that the applicant's allegations were based almost exclusively on evidence that was inadmissible before the HRTO pursuant to s. 36(3) of the RHPA and, on that basis, the application had no reasonable prospect of success.

As a result of this decision, it will be rare that a professional self-regulatory college's handling of a regulatory decision can be challenged before the HRTO or any other tribunal.

Contempt and Bankruptcy: Striking the Right Balance

September 7, 2016 | download

In its recent decision in Walchuk v Houghton, 2016 ONCA 643, the Court of Appeal for Ontario clarified the interaction between the stay provisions of the Bankruptcy and Insolvency Act (BIA) and motions for contempt of court orders.

2015 Antitrust Year in Review

August 18, 2016 | download

Welcome to the 2015 Antitrust Year in Review, a compilation of the latest antitrust/competition law developments in 27 jurisdictions worldwide. Each contribution offers commentary on significant developments taking place across a number of areas, including legislation, mergers, cartels and anticompetitive practices, abuses of dominant position and court decisions. This is the International Antitrust Law Committee's 10th edition of the Year in Review, which debuted in 2006.

WeirFoulds Securities Law Quarterly: Concise, Informative Updates on Securities Law Developments for the Canadian Marketplace

July 25, 2016 | download

Our coverage is succinct and targeted to serve the needs of issuers and their advisors. For more detailed information on our service offerings, please visit us online at

Recent developments include:

  • Ontario Securities Commission proposed rule regarding distributions outside of Canada;
  • New harmonized exempt distribution reports;
  • New prohibition on insider recommending buying/selling securities in Ontario;
  • Toronto Stock Exchange proposed amendments to website disclosure and security based compensation arrangement disclosure; and
  • Listing of special purpose acquisition corporations ("SPACs") on the TSX.

Case Commentary: Ontario Court of Appeal Delivers Stern Message to Employers Who Mistreat Employees with Disabilities

July 25, 2016

The Plaintiff was employed by the defendant for 15 years.  She earned $12.95 per hour.  She was dismissed at the age of 56 after she became totally deaf, possibly due to a virus.  The conduct of her employer is summarized by Epstein, J.A. at the outset and is startling, to say the least:

Don't Turn the Boom Into a Bust: Avoiding the Criminal Consequences of Public Procurement

June 30, 2016

In a recent interview with the Globe and Mail, Canada's Commissioner of Competition, John Pecman, said that the Competition Bureau is planning to double the number of training workshops that it offers to public procurement officials on ways to prevent fraud. These workshops will help assist officials to identify the bid-rigging tactics that have become increasingly common in the infrastructure sector.

Municipal and Planning Law Update: Bill 73 - Changes to the Planning Act

June 27, 2016 | download

Bill 73 - Changes to the Planning Act

In March 2015, we reported on the Province's first reading of Bill 73 – Smart Growth for Our Communities Act, 2015 – and some of its key changes to the Planning Act and the Development Charges Act, 1997. On July 1, 2016, a number of the Bill 73 amendments will come into force.

Non-Resident Employer Certification Regime: Withholding Relief for Non-Resident Employers and Employees

June 24, 2016 | download


On June 23, 2016, Budget Implementation Act, 2016, No. 1 received Royal Assent, which among other things, enacts a non-resident employer certificate regime that may be of interest to employers sending employees to Canada.

Premises Damaged by Fire? Don't Be Left Holding the Bag

June 13, 2016 | download

An Appellate Review of Insurance and Indemnity Clauses in a Commercial Lease

In an article from January 2015, we cautioned landlords and tenants to pay particular attention to the interplay of insurance and indemnity clauses in a commercial lease as a result of the Superior Court of Justice's surprising decision in Deslaurier Custom Cabinets Inc. v. 1728106 Ontario Inc. This decision held the landlord responsible for damage to the tenant's property caused by fire, a peril against which the tenant specifically contracted to insure.

On April 4, 2016 the case was overturned on appeal. Justice Cronk, writing for the Court of Appeal, held that the motions judge's failure to apply applicable jurisprudence constituted an error of law, and the effect of the tenant's covenant to insure was to presumptively fix the tenant, rather than the landlord, with responsibility for the tenant's losses.

Levelling the Playing Field: CCES Guidance for Creating Inclusive Environments in Sports

June 9, 2016 | download

The treatment and legal protection of the transgender community has become an increasingly important topic globally. In North America, a recent North Carolina law requiring people to use public bathrooms that correspond with the sex on their birth certificate rather than their gender identity became the topic of controversy and public outcry. The National Basketball Association released a statement condemning North Carolina's legislation and indicated that it might move the 2017 NBA All-Star Game as a result. In contrast, recently introduced Canadian federal legislation is intended to protect transgender Canadians against discrimination and violence by specifying "gender identity" for protection under the Canadian Human Rights Act and the Criminal Code.

The Benefits of Brightfields Developments for Municipalities

June 3, 2016 | download

The increasing viability and importance of distributed energy resources, and the content of the provincial government's policies on climate change, make the use of brownfields sites for brightfields developments a compelling option for municipalities.*

Case Commentary: Supreme Court Tightens Standard of Review for Contract Interpretation

May 17, 2016

Following upon the recent decision of the Supreme Court of Canada in Heritage Capital Corporation v. Equitable Trust, 2016 SCC 19, it will be significantly more difficult to successfully appeal decisions of trial court judges in contract matters.

Panama Papers and Offshore Accounts: Window of Opportunity to Make a Voluntary Disclosure Closing

May 11, 2016 | download

Canadian residents are required to report worldwide income. Furthermore, Canadian residents are generally required to annually file a special information return for any year that they held, at any time in that year, "specified foreign property" that had a cost exceeding $100,000. A failure to report such income or file any such return makes the Canadian resident liable to significant penalties (for which interest accrues daily) and potentially open to criminal prosecution.

Interpreting a Regulator's Jurisdiction to Award Costs: Lessons from Registrar REBBA v. Jolly

April 26, 2016 | download

WeirFoulds recently acted as Amicus Curiae in a judicial review involving the interpretation of a regulator's jurisdiction to award costs. Although the case focused on the particular statutory framework applicable to the Appeals Committee of the Real Estate Council of Ontario ("RECO"), the case contains important lessons for other regulators.

WeirFoulds Securities Law Quarterly: Concise, Informative Updates on Securities Law Developments for the Canadian Marketplace

March 31, 2016 | download

Recent developments include:

  • Canadian Securities Administrators (the "CSA") final amendments to the early warning system effective May 9, 2016;
  • CSA changes to the take-over bid regime, also effective May 9, 2016;
  • Toronto Stock Exchange (the "TSX") Staff Notice 2016-0002 and TSX Venture Exchange (the "TSX-V") Corporate Finance Bulletin regarding rights offerings;
  • Ontario Securities Commission (the "OSC") results of insider reporting compliance review; and
  • Reminder to mortgage investment entities of registration requirements.

Alternative Dispute Resolution: An Alternative to an OMB Hearing?

March 29, 2016 | download

Developers and builders working in the GTA know that the process to get projects approved has become more complex, expensive, lengthy and uncertain. Anything that attempts to ease these stresses is a welcome relief. 

B.C. Court of Appeal Upholds Regulatory College's By-laws

March 28, 2016 | download

The British Columbia Court of Appeal's recent decision in Sobeys West Inc. v. College of Pharmacists of British Columbia[1] is an important decision for regulators in two respects. First, it recognizes the latitude regulators ought to be given when enacting by-laws. Second, it clarifies the nature of the evidence that regulators will need to provide when their by-laws are challenged on judicial review. On the whole, the decision comes as a welcome confirmation of the deference that courts will show to regulators when they enact by-laws in the bona fide exercise of their authority.

Regulators Breathe a Sigh of Relief: Registration of Foreign-Trained Professionals

February 23, 2016 | download

In a recent decision, Justice Ross of the Court of Queen's Bench of Alberta considered whether a foreign-trained engineer's human rights had been violated by the Association of Professional Engineers and Geoscientists of Alberta (the "Association") when it required him to fulfil certain requirements before he could register as a professional engineer in that province.

Estate Alert - Proposed Amendments to Ontario Legislation in Respect of Parental Recognition

February 11, 2016 | download

Bill 137 - An Act to amend the Children's Law Reform Act, the Vital Statistics Act and other Acts with respect to parental recognition, which is also known as Cy and Ruby's Act (Parental Recognition), 2015 - proposes a number of amendments to the statutes dealing with parental recognition.

Vacant Spaces: Challenges in the Economic Climate

February 2, 2016 | download

In the challenges facing landlords in the current economic and market conditions, the municipal tax treatment of vacant space is not to be forgotten as some relief available for the carrying costs of vacant space. The Municipal Act, 2001 and the City of Toronto Act, 2006 both require vacancy rebates to be provided for eligible commercial and industrial premises.

Proposed Changes to Ontario's Health Privacy Laws

December 15, 2015 | download

Proposed Changes to Ontario's Health Privacy Laws - What do they mean for Regulators?

Securities Law Newsletter - Q4 2015

December 2, 2015 | download

A Newsletter Providing Concise Updates on Securities Law Developments

Our coverage is succinct and targeted to serve the needs of issuers and their advisors. For more detailed analysis, please visit us online at

Recent developments include the adoption by the Canadian Securities Administrators (the "CSA") of new disclosure obligations for venture listed issuers, including changes to interim management discussion and analysis, executive compensation disclosure, the threshold for completion of a Business Acquisition Report and the composition of audit committees.

An Open Book: Canadian Courts Favor Disclosure in Antitrust Cases

November 20, 2015

In recent years, Canadian competition class-action jurisprudence has tilted in plaintiffs' favor.

Estate Alert - Common Misconceptions about Joint Accounts and Joint Ownership

November 11, 2015 | download

Elderly parents will often put their money into bank accounts held jointly with their adult children, or transfer real property into a joint tenancy with one or more of their adult children. Sometimes, this is done for expediency so that an adult child can help manage the asset. In other cases, this is a planning technique used to avoid estate administration tax when the parent dies.

Land Transfer Tax: Assignments, Flips and Options

October 8, 2015 | download

Determining the amount of Land Transfer Tax ("LTT") payable on a routine purchase and sale transaction is not a difficult task. On a more complicated transaction or series of transactions, however, the impact of the Land Transfer Tax Act R.S.O. 1990, c.L.6, as amended (the "Act") and the resultant LTT may have surprising and unfavourable results for a purchaser.

Two Important Cases for Regulatory Bodies on the Ontario Human Rights Code

October 1, 2015 | download

Two Important Cases for Regulatory Bodies on the Ontario Human Rights Code

Regulatory Colleges Respond to Health Privacy Breaches

August 28, 2015 | download

Breaches of Health Privacy: Role of Professional Regulatory Colleges

Protecting athlete privacy: alleged concerns in Quebec

August 17, 2015

The World Anti-Doping Agency (‘WADA') adopted the International Standard for the Protection of Privacy and Personal Information in May 2009 to address concerns about the treatment of sensitive athlete information. Today concerns over the adequacy of the protection of personal information legislation in Quebec have, according to reports, led to requests that WADA's headquarters be transferred from Quebec to Europe. To address such concerns Canada's federal government is seeking to extend the applicability of its federal data protection law to WADA as Macdonald Allen of WeirFoulds LLP explains.

A Leap of Good Faith? Practical Implications of the Supreme Court of Canada's Decision in Bhasin v. Hrynew for Contracting Parties

July 9, 2015 | download

A Leap of Good Faith? Practical Implications of the Supreme Court of Canada's Decision in Bhasin v. Hrynew for Contracting Parties

In Bhasin v. Hrynew, the Supreme Court of Canada recognized a new general duty of honesty in contractual performance. Writing for the unanimous Court, Justice Cromwell stated that the new duty falls under the "broad umbrella of the organizing principle of good faith performance of contracts." In the Court's view, this decision is not a leap for Anglo-Canadian contract law, but rather a timely and incremental development which "will  make the law more certain, more just and more in tune with reasonable commercial expectations

Estate Alert - Planning for Custody and Financial Support After Death

July 8, 2015 | download

Parents with minor children have specific estate planning concerns. One such concern is how to provide financially for the children if one or both parents die. Another concern is who will care for and raise the children should both parents die at the same time. 

A Path to Proportionality in the SIR Process

July 6, 2015 | download

WeirFoulds LLP Associate Bronwyn Roe and Lisa Scheulderman on "A Path to Proportionality in the SIR Process", as published in the Can Comp L Rev, Vol. 28, No. 1 (Spring, 2015).

Regulatory Colleges Respond to Health Privacy Breaches

June 10, 2015 | download

Breaches of Health Privacy: Role of Professional Regulatory Colleges

2014 Antitrust Year in Review

May 12, 2015

Partner Nikiforos Iatrou served as Editor-in-Chief and associate Bronwyn Roe as a Co-editor of this American Bar Association publication,

Energy/Tax Law Update 2015

April 30, 2015 | download

The 2015 Ontario Budget, released on April 23, includes proposed measures that are intended to set the stage for consolidation within Ontario's electricity distribution sector.  At a high level, the measures are a limited-duration reduction of barriers to private sector investment in municipally owned electricity utilities (MEUs).

Province Makes Significant Changes to the Planning Act and Development Charges Act

March 31, 2015 | download

The Ministry of Municipal Affairs and Housing (MMAH) has completed its province-wide consultation, which looked at the way development is planned and paid for.

Securities Law Newsletter - Q1 2015

March 26, 2015 | download

Recent developments include the implementation of amendments to the TSX Venture Exchange's  (the "TSX-V" or the "Exchange") policies dealing with private placements, loan bonuses and finder's fees, and the Ontario Securities Commission's (the "OSC") adoption of new prospectus exemptions and changes to two specific prospectus exemptions. 

Regulatory Colleges Tackle Transparency

March 9, 2015 | download

Information Sharing in Professional Regulation: What Does the Public Need to Know?

The (Carbon) Taxman Cometh: The Impact of Carbon Taxes on Landlords and Tenants

February 26, 2015 | download

The uncertainty surrounding the future of carbon taxing in Ontario extends to the commercial leasing industry. The potential implementation of either a "true" carbon tax or a cap-and-trade system in Ontario will affect landlords and tenants in different ways.

The Carter Decision — What's Next?

February 13, 2015 | download

Our Estate Alert of February 6, 2015 discussed the Supreme Court of Canada ["SCC"]'s decision of Carter v. Canada (Attorney General) that was released that day. Now that we have had some time to consider the decision, we are asking "what's next?"

The Supreme Court of Canada Overturns Prohibition on Physician-Assisted Suicide

February 6, 2015 | download

Today the law criminalizing physician-assisted suicide was overturned in the landmark unanimous decision of Carter v. Canada (Attorney General). The Supreme Court of Canada sent a strong message in support of the protection of Canadians' right to life, liberty and security of the person (s. 7) pursuant to the Charter of Rights and Freedom

Parkland Dedication: "How Low Can You Go?"

February 5, 2015 | download

In the modern urban environment, parks and public recreational facilities are things that can be both greatly appreciated and taken for granted.

The ICRC's Power to Order an Independent Medical Examination: The Ontario Divisional Court's Decision in Iacovelli v. College of Nurses of Ontario

January 26, 2015 | download

The recent Divisional Court decision of Iacovelli v. College of Nurses of Ontario1 discusses the significant power of the Inquiries, Complaints and Reports Committee ("ICRC") of a health regulatory College to order an independent medical examination.

Important Amendments to Ontario's Estate Administration Tax Act

January 21, 2015 | download

Back in 2012, we published an article forewarning about the proposed changes to the Estate Administration Tax Act in Bill 173 (Better Tomorrow for Ontario Act (Budget Measures), 2011). After much discussion and attempts by various organizations to obtain amendments to the proposed changes, the regulations giving effect to Bill 173 came into force on January 1, 2015 and the changes are as onerous as promised.

Canada's Broader Anti-Spam Law: US Communications Are at Risk

January 6, 2015

WeirFoulds Partner Ralph Kroman on Canada's Broader Anti-Spam Law: US Communications are at Risk.


August 20, 2014 | download

Quiz: E-Discovery

August 2, 2014 | download

From the Ground Up: Legal Issues for Women Entrepreneurs Roundup

June 5, 2014 | download

On May 29, 2014, the Women of WeirFoulds held a lively morning event featuring two savvy panels—one hosted by lawyers, the other by Toronto entrepreneurs—on how to succeed in today's fast-paced market as you start and grow your business.

Photo: Lori Duffy, Sarah Bull, Jennifer Durand, Sylvia O'Brien, Lindsay MacMillan, Jessica Ching, Hilary Book, Andrea Green.


August 13, 2013 | download

Client Newsletter - Winter 2012

December 3, 2012 | download

Mining Act Amendments

November 28, 2012 | download

Client Newsletter - Fall 2012

September 1, 2012 | download

Quiz - Managing the evolution of commercial spaces

August 1, 2012 | download

How would you resolve these case situations?

Electronic Documents: Records Management, e-Discovery and Trial (loose-leaf textbook, 2010+)

July 1, 2012 | download

Electronic data is modifying how lawyers interact, changing how information is collected and used, and transforming the courtrooms. This in-depth resource examines and analyzes the issues relating to electronic documents.

Electronic Documents: Records Management, e-Discovery and Trial (loose-leaf textbook)

July 1, 2012 | download

Electronic data is modifying how lawyers interact, changing how information is collected and used, and transforming the courtrooms. This in-depth resource examines and analyzes the issues relating to electronic documents.

Quiz - Side-stepping procurement traps

June 11, 2012 | download

How would you resolve these case situations?

Quiz: Legal interests in the pipeline

April 1, 2012 | download

How would you resolve these case situations?

Quiz: Mergers and Acquisitions

February 1, 2012 | download

How would you resolve these case situations?

Quiz: U.S.-Canada cross-border estate issues

December 22, 2011 | download

How would you resolve these case situations?

Case Law Update: Newfoundland and Labrador Nurses' Union v. Newfoundland and Labrador (Treasury Board)

December 21, 2011 | download

Administrative Law – Role and Adequacy of Reasons – Dunsmuir principles of "justification, transparency and intelligibility"  

Case Law Update: Quebec (Attorney General) v Canada (Human Resources and Social Development)

December 20, 2011 | download

Constitutional law – Federal paramountcy – Crown immunity

Case Law Update: Combined Air Mechanical Services Inc v Flesch

December 20, 2011 | download

Ontario Rules of Civil Procedure – Summary Judgment

Case Law Update: Nor-Man Regional Health Authority v Manitoba, 2011 SCC 59

December 20, 2011 | download

Administrative Law – Labour Law – Standard of Review-Labour Arbitration

Case Law Update: Batty v City of Toronto: Municipalities at Forefront of Occupy Movement

December 20, 2011 | download

The Occupy Toronto Ruling: Batty v City of Toronto

Case Law Update: W.J. Holdings Limited v City of Toronto

November 16, 2011 | download

Municipality – Civil Contempt – Conditions on Demolition Permits

Case Law Update: R v Côté

November 16, 2011 | download

Constitutional law – Canadian Charter of Rights and Freedoms – s. 24(2) – Exclusion of evidence

Case Law Update: Mexico v Cargill, Incorporated

November 16, 2011 | download

North American Free Trade Agreement – International Arbitration – Standard of Judicial Review

Case Law Update: Crookes v Newton

November 16, 2011 | download

Libel and Slander – Hyperlinks – Publication – Innocent Dissemination 

Case Law Update: Lax Kw'alaams Indian Band v Canada (Attorney General)

November 16, 2011 | download

Constitution Act, 1982 – Aboriginal Rights – Proof

Case Law Update: British Columbia (Workers Compensation Board) v Figliola

November 16, 2011 | download

Administrative Law – Human Rights – Tribunal Jurisdiction

Case Law Update: Canada (Canadian Human Rights Commission) v Canada (Attorney General)

November 16, 2011 | download

Administrative Law – Remedial Jurisdiction – Canadian Human Rights Act – Legal Costs – Standard of Review – Statutory Interpretation

Litigation Update - October 2011

October 20, 2011 | download

Seven case law updates released between August and October 2011.

Case Law Update: Landmark II Inc v 1535709 Ontario Limited

October 20, 2011 | download

Construction Liens – Value of a Claim for Lien – s 35 of the Construction Lien Act

Case Law Update: The Sovereign General Insurance Company v Walker

October 20, 2011 | download

Insurance liability coverage – Notice of action – Who may give notice – s 129 of the Insurance Act – Relief from forfeiture

Case Law Update: The Corporation of the Municipality of Meaford v Grist et al

October 20, 2011 | download

Shoreline Dispute – Public Highway – Summary Judgment – Registry Act

Case Law Update: TA & K Enterprises Inc v Suncor Energy Products Inc

October 20, 2011 | download

Franchise – Arthur Wishart Act – Disclosure Document – One-year Term – Franchise Fee

Case Law Update: Canada (Attorney General) v PHS Community Services

October 20, 2011 | download

Constitutional Division of Powers – Interjurisdictional Immunity – Canadian Charter of Rights and Freedoms – Life, Liberty and Security of the Person – Principles of Fundamental Justice – Ministerial Discretion

Case Law Update: Canadian Broadcasting Corporation v Ontario

October 20, 2011 | download

Civil Procedure – Appeals – Jurisdiction

Case Law Update: Smith v Inco Limited

October 20, 2011 | download

Environmental Contamination – Nuisance – Strict Liability – Application of Limitation Period in Class Actions

Amendments to Executive Compensation Disclosure Requirements

October 14, 2011 | download

The Canadian Securities Administrators are adopting amendments to the Statement of Executive Compensation. These changes come into force on October 31, 2011.

Quiz: Corporate Governance in the Energy Sector

October 1, 2011 | download

How well would you deal with some of the challenges facing in-house counsel working within the energy sector? Take this quiz and find out.

Development Issues: Rail Corridor Setbacks and CN Guidelines

October 1, 2011 | download

Land use development along railway corridors poses a unique set of challenges as it operates within a multi-jurisdictional framework.

Case Law Update: Gagliano v Gomery and the Attorney General (Canada)

September 21, 2011 | download

Administrative Law – Natural Justice – Bias – Public Inquiries

Case Law Update: Aguas v Rivard Estate

September 21, 2011 | download

Civil procedure – Dismissal order – Test to set aside

Case Law Update: Rondel v Robinson Estate

September 21, 2011 | download

Estates – Interpretation of a Will – Admissible Evidence

Case Law Update: Alberta (Aboriginal Affairs and Northern Development) v Cunningham

September 21, 2011 | download

Constitutional Law – Canadian Charter of Rights and Freedoms – Discrimination

Case Law Update: 1351428 Ontario Ltd (Wineyard) et al v 1037598 Ontario Ltd et al

September 21, 2011 | download

Civil Procedure – Restore Action to Trial List – Test for Rule 48.11, Rules of Civil Procedure

Case Law Update: Her Majesty the Queen (Ex Rel City of Toronto) v Andrade

September 21, 2011 | download

Provincial Offences ActCanadian Charter of Rights and Freedoms section 11(b) – Part I Offences – Unreasonable Delay

Litigation Update

September 21, 2011 | download

Six case law updates released between June and September 2011.

Estoppel Certificates: Avoiding Liability for Another Owner's Debts

September 2, 2011 | download

Purchasers should note the importance of obtaining estoppel certificates as illustrated by Toronto Kosher Inc. v. Windward Drive Holdings Inc.

The judicial mediation debate

August 31, 2011 | download

The Ontario Bar Association forms a Judicial Mediation Taskforce in response to Justice W.K. Winkler's call to chart the future role of judicial mediation.

The Role of the Ontario Municipal Board in Human Rights Issues

August 29, 2011 | download

Human rights issues emerging from the land use planning process (Advocacy Centre for Tenants Ontario v Waterloo).

Timely Tax Returns Should be a Top Priority

August 15, 2011 | download

Rosenberg Estate v. Canada (National Revenue) – a cautionary reminder that every effort should be made to file tax returns on time.

Proposed Mandatory Energy Conservation Planning for Public Agencies

August 10, 2011 | download

A proposed regulation under Ontario's Green Energy Act, 2009 would require public agencies to report their annual energy consumption and greenhouse gas emission.

Quiz: Employee Computer Use and Privacy

August 1, 2011 | download

How would you resolve these case situations?

The "Tough on Drivers" Agenda

August 1, 2011 | download

A proposed amendment to the Ontario Highway Traffic Act calls for heightened penalties for drivers convicted of offences where injury or death occurs.

An Ounce of Prevention: What Employers Need to Know about Recent Changes to Ontario's Health and Safety System

August 1, 2011 | download

New Ontario law changes the face of occupational health and safety regulation.

Canadian Capital Markets Lure Small and Mid-cap Clean-Tech

August 1, 2011 | download

Why should U.S. companies consider listing on the Toronto Stock Exchange and the TSX Venture Exchange? Consider the options available for taking a company public in Canada.

The Accessibility for Ontarians with Disabilities Act - Customer Service Standard

July 22, 2011 | download

The Customer Service Standard addresses the business practices and training required to provide goods and services to people with disabilities.

What Privilege Does a Trustee Enjoy?

July 1, 2011 | download

Trustees are under a duty to provide beneficiaries regularly with accurate information and to make trust documents available for inspection by beneficiaries.

The Municipal Integrity Commissioner in Ontario: Role and Responsibilities

June 16, 2011 | download

The Municipal Statute Law Amendment Act, 2006 (formerly Bill 130) amended the Municipal Act, 2001, and the City of Toronto, 2006, effective January 1, 2007, to add a new part, entitled "Accountability and Transparency".

Contracting with Suppliers - A Balanced Approach to Indemnities and Limitations of Liability

June 2, 2011 | download

It is often difficult to effectively negotiate indemnities and exclusions and limitations of liability without producing frustration for the business team.

Quiz: Procurement and Mining

June 1, 2011 | download

Since the 1981 Supreme Court decision in R. v. Ron Engineering, the law of tendering has developed into a legal minefield.

Litigation Update

June 1, 2011 | download

Three legislative and six case law updates released in May and June 2011.

Legislative Update: Better Tomorrow for Ontario Act (Budget Measures), 2011

June 1, 2011 | download

S.O. 2011, c. 9 (Royal Assent May 12, 2011)

Legislative Update: Occupational Health and Safety Statute Law Amendment Act, 2011

June 1, 2011 | download

S.O. 2011, c. 11 (Royal Assent June 1, 2011)

Case Law Update: i Trade Finance Inc v Bank of Montreal

June 1, 2011 | download

Secured Transaction – Personal Property Security Act – Equity – Fraud

Case Law Update: Masterpiece Inc v Alavida Lifestyles Inc

June 1, 2011 | download

Intellectual Property – Trademarks – Confusion Analysis – Expert Evidence

Case Law Update: Barrington v The Institute of Chartered Accountants of Ontario

June 1, 2011 | download

Professional disciplinary proceeding – Adequacy of notice of charges – Adequacy of reasons – Jurisdiction to order costs

Case Law Update: A.M.R.I. v K.E.R.

June 1, 2011 | download

Refugee – Hague Convention – Procedural Fairness – Paramountcy

Case Law Update: Consulate Ventures Inc v Amico Contracting & Engineering (1992) Inc

June 1, 2011 | download

Restitution – Quantum meruit – Valuation

Case Law Update: Canada (Attorney General) v Mavi

June 1, 2011 | download

Administrative Law – Procedural Fairness – Immigration and Refugee Protection Act – Sponsorship program

A Society Devoted to the Art of Legal Writing

May 30, 2011 | download

A few years ago some Bay St law firms subjected their associates to compulsory viewing of video interviews of US Supreme Court judges on the subject of persuasive writing.

Reverberations for Real Estate Agents

May 23, 2011 | download

What is the duty of a real estate agent to verify the information provided by the vendor of the property to prospective purchasers?

Not Why I Ran for Office - The Perils of a Councillor Facing Allegations of Improper Conduct

May 6, 2011 | download

Two principal matters of concern to councillors in terms of potential for allegations of misconduct are the Municipal Conflict of Interest Act and their council's own code of conduct.

Antle and Garron - The Federal Court of Appeal - Focus on the Fundamentals

May 1, 2011 | download

These Federal Court of Appeal decisions provide welcome direction for those engaged in the planning, implementation and maintenance of trust structures, both domestic and offshore.

Case Law Update: Canada (Information Commissioner) v Canada (Minister of National Defence)

May 1, 2011 | download

Access to Information Act – Exemptions – Personal Information – Minister's Records

Litigation Update

May 1, 2011 | download

Five case law updates released in April and May 2011.

Case Law Update: May v CBC/Radio Canada et al

May 1, 2011 | download

Judicial Review – Canadian Radio-television and Telecommunications Commission (CRTC) – Canadian Charter of Rights and Freedoms – Voting Rights

Case Law Update: Gentra Canada Investments Inc v Lipson

May 1, 2011 | download

Solicitor's Negligence – Costs – Contractual Interpretation

Case Law Update: Ontario (Attorney General) v Fraser

May 1, 2011 | download

Charter – Freedom of Association – Collective Bargaining – Agricultural Workers

Case Law Update: Alberta v Elder Advocates of Alberta Society

May 1, 2011 | download

Fiduciary Duty – Government – Civil Procedure

Damage to property prior to closing

April 22, 2011 | download

Purchasers and vendors may face difficult decisions when something unexpected happens to the property between the time that the agreement of purchase and sale is signed and the transaction closes

Litgation Update

April 20, 2011 | download

One legislative and five case law updates released in April 2011.

Legislative Update: Toronto Transit Commission Labour Disputes Resolution Act

April 20, 2011 | download

Labour Law – Essential Services – Toronto Transit Commission

Case Law Update: Seidel v TELUS Communications Inc

April 20, 2011 | download

Class Action – Consumer Contract – Arbitration Clause

Case Law Update: Reference Re Securities Act (Canada)

April 20, 2011 | download

Constitutional Law – Division of Powers – Securities Regulation

Case Law Update: Masters Association of Ontario v Ontario

April 20, 2011 | download

Judicial Independence – Compensation of the Judiciary

Case Law Update: Indalex Limited (Re)

April 20, 2011 | download

Companies' Creditors Arrangement Act – Pensions – Priorities – Fiduciary Obligations – Funding Pension Plans

Quiz: P3s and Infrastructure

April 1, 2011 | download

Inside Infrastructure - can you work your way through a P3 transaction?

Litigation Update

March 30, 2011 | download

One legislative and five case law updates released in March 2011.

Legislative Update: Federal Election 2011

March 30, 2011 | download

Federal Election 2011–The Legislative Impact
The Canadian government's recent defeat has had a legislative impact.

Case Law Update: Credifinance Securities Limited v DSLC Capital Corp

March 30, 2011 | download

Trustee – Constructive Trust – Fraud – Bankruptcy

Case Law Update: Hanna v Ontario (Attorney General)

March 30, 2011 | download

Judicial Review – Regulations – Renewable Energy

Case Law Update: Quebec (Attorney General) v Canada

March 30, 2011 | download

Social Law – Canada Assistance Plan – Cost-sharing – Statutory Interpretation

Case Law Update: Taylor v Canada (Attorney General)

March 30, 2011 | download

Civil Procedure – Class Proceedings – Regulatory Negligence – Proximity

Case Law Update: Withler v Canada (Attorney General)

March 30, 2011 | download

Charter of Rights and Freedoms – Equality Rights – Age Discrimination – Use of Comparator Groups

Human Rights Update - Dealing with Applications at a Preliminary Stage

March 4, 2011 | download

Applications under the Human Rights Code ("Code") present a real risk for employers and an important avenue of redress for employees.

Trusts and Trustees: Some Tips on Risk Management

March 3, 2011 | download

"Being asked to be a trustee of an estate is not a gift."

Case Law Update: Reference re Assisted Human Reproduction Act, 2010

March 1, 2011 | download

Constitutional Law – Division of Powers – Federal Jurisdiction Over Criminal Law – Provincial Jurisdiction over Property and Civil Rights

New Tools for Managing Evidence in Complex Litigation

February 28, 2011 | download

A shift has occurred in the way civil litigation is run and several new tools for litigation management have emerged.

Social Media and the Employment Relationship

February 24, 2011 | download

Does the employer have an interest in the activity of the employee or the electronic content created by the employee?

Litigation Update

February 16, 2011 | download

One legislative and six case law updates released in January and February 2011.

Broader Public Sector Accountability Act, 2010

February 16, 2011 | download

The Broader Public Sector Accountability Act, 2010 will have a significant impact on broader public sector organizations.

Case Law Update: Sazant v College of Physicians and Surgeons of Ontario

February 16, 2011 | download

Administrative Law – Investigative Powers – College of Physicians and Surgeons

Case Law Update: Celgene Corp v Canada (Attorney General)

February 16, 2011 | download

Statutory Interpretation – Patented Medicine Prices Review Board – Consideration of Mandate – Standard of Review

Case Law Update: Grover v Hodgins

February 16, 2011 | download

Unjust Enrichment – Jurisdiction – Small Claims Court

Case Law Update: Smith v Alliance Pipeline Ltd

February 16, 2011 | download

Expropriation – Standard of Review – Costs – National Energy Board Act

Case Law Update: Shoppers Drug Mart Inc v Ontario

February 16, 2011 | download

Generic Drugs – Regulatory Provisions – Ultra Vires

Case Law Update: R v Caron

February 16, 2011 | download

Constitutional Law – Interim Costs Awards – Inherent Jurisdiction of the Courts – Inferior Courts

The Bar's Turn

February 14, 2011 | download

Once the lawyers are gone, there will be no impediment to villainry: there will be no one to assert rights.

Babies and Bath Water

February 7, 2011 | download

Leave aside the issue of whether mediation reduces cost and delay. Does it increase access to civil justice?

Intensification and the Growth Plan: Lessons Learned

February 4, 2011

Quiz: Mergers and Acquisitions

February 1, 2011 | download

Your client gets you involved in a significant transaction involving the purchase of a privately owned company.

Property Development Aspects of Infrastructure and Other Public Projects

February 1, 2011 | download

It is widely recognized that there is a critical need for construction of new infrastructure and the repair and maintenance of existing infrastructure.

Is Your Independent Contractor Truly Independent?

January 21, 2011 | download

Third category – dependent contractor – determined in Ontario Court of Appeal decision in McKee v. Reid's Heritage Homes Ltd.

Case Law Update: Canada (Attorney General) v. Telezone

January 18, 2011 | download

Administrative Law – Judicial Review and Statutory Appeal – Tort Law – Practice and Procedure

Case Law Update: Aecon Buildings v. Brampton

January 18, 2011 | download

Civil procedure – Third party procedure – Discovery – Production and inspection of documents – "Mary Carter"-type Settlements – Immediate Disclosure

WeirFoulds LLP Litigation Update (December 2010)

January 18, 2011 | download

Seven updates on cases released in December 2010.

Case Law Update: Brown v. Canada (Attorney General)

January 18, 2011 | download

Civil procedure – Third party procedure – Discovery – Production and inspection of documents – "Mary Carter"-type Settlements – Immediate Disclosure

Case Law Update: Vancouver (City) v. Zhang

January 18, 2011 | download

Enforcement of Municipal By-Laws – Injunctions – Constitutional Law – Freedom of Expression under s. 2(b)

Case Law Update: City of Ottawa v. Ontario (Information and Privacy Commissioner)

January 18, 2011 | download

Judicial Review – Access to Information and Protection of Privacy under the Municipal Freedom of Information and Protection of Privacy Act

Case Law Update: Century Services Inc. v. Canada (Attorney General)

January 18, 2011 | download

Bankruptcy and Insolvency – Companies' Creditors Arrangement Act – Priorities

The Search for a Meeting of Minds in the Interpretation of Ontario's Municipal Conflict of Interest Act

January 1, 2011 | download

Areas of ambiguity in the Act continue to cause confusion and uncertainty. This article clarifies the intent and effect of the Act.

Book Review: The Duty to Consult - New Relationships with Aboriginal Peoples

January 1, 2011 | download

The duty to consult Aboriginal peoples requires the Crown to speak with First Nations, Inuit peoples, and Métis communities before undertaking action which may adversely impact those groups' constitutional rights.

Urban Renewal and Community Revitalization: Tools That Can Help

January 1, 2011 | download

One of the greatest challenges facing municipal governments today is the need to stimulate economic development and urban renewal.

Urban Renewal and Community Revitalization: Tools That Can Help

January 1, 2011

Case Law Update: Nemeth v. Canada (Justice)

December 20, 2010 | download

Immigration and Refugee Law – Extradition – Principle of non-refoulement

Case Law Update: Bank of Montreal v. Innovation Credit Union

December 20, 2010 | download

Security Interests – Priority – Competing Statutory Interests

Case Law Update: E. Anthony Ross v. Bank of Commerce (Saint Kitts Nevis) Trust and Savings Association Limited

December 20, 2010 | download

Appellate Jurisdiction – Civil Procedure – Privy Council

Case Law Update: City of Toronto v. WJ Holdings

December 20, 2010 | download

Appeal – Jurisdiction of Ontario Municipal Board – Statutory Deadlines

WeirFoulds LLP Litigation Update

December 20, 2010 | download

Six updates on cases released in November 2010.

Case Law Update: Her Majesty the Queen in Right of the Province of Newfoundland and Labrador v. Abitibibowater Inc., et al.

December 20, 2010 | download

Bankruptcy and Insolvency – Companies' Creditors Arrangements Act – Provincial Obligations

Case Law Update: Liberty Mutual et al v. Donatelli et al.

December 20, 2010 | download

Security for Costs – Libel and Slander Act – Civil Procedure

Norwich Orders Across Borders: Obtaining third party discovery in Canada

December 1, 2010 | download

The Norwich order is gaining traction in Canada and worldwide.

Quiz: Cross-border Acquisitions

December 1, 2010 | download

A client needs help to close a deal involving the acquisition of shares of an Ontario corporation.

Reflections on the Evolution of Fairness in Public Procurement

December 1, 2010 | download

Public tendering is perhaps the most active area of interest within construction law.

Mission Impossible: Estate Planning and Assisted Human Reproduction

December 1, 2010 | download

This article was prepared by WeirFoulds Partner Clare E. Burns and Summer Student Anastasjia Sumakova.

Mind the tax: Considerations for ex-patriot employees working in Canada

November 30, 2010 | download

Here are some key issues you should address before making the decision to transfer an employee to work in Canada.

Case Law Update: Quebec (A.G.) v. Canadian Owners and Pilots Association

November 20, 2010 | download

Constitutional Law – Division of Powers – Aerodromes

Case Law Update: Rio Tinto Alcan Inc. v. Carrier Sekani Tribal Council

November 20, 2010 | download

Aboriginal Law – Duty to Consult

Case Law Update: Globe and Mail v. Canada (Attorney General)

November 20, 2010 | download

Privilege – Journalist-Source Privilege – Publication Bans

Case Law Update: Quebec (A.G.) v. Lacombe

November 20, 2010 | download

Constitutional Law – Division of Powers – Aerodromes

Case Law Update: Kuwait Airways Corp. v. Iraq

November 20, 2010 | download

Recognition and Enforcement of Foreign Judgments – Sovereign Immunity

PE Investment in India

November 17, 2010 | download

This is an exciting time to be involved in the private equity industry in India.

What Privilege Does a Trustee Enjoy?

November 17, 2010 | download

A trustee unquestionably owes a fundamental and comprehensive fiduciary duty to the beneficiaries of a trust.

Focus on Gaps in Employment and Continuity of Service

November 2, 2010 | download

One of the key factors in determining the reasonable notice period on termination of employment is the length of the employee's service.

A Fair Share?

November 1, 2010 | download

Ontario law governing a deceased's "moral obligations" to family members may set the stage for a successful claim by an adult child or spouse to a share of the deceased's estate – even if he or she was left out of the will.

WeirFoulds LLP Litigation Update

November 1, 2010 | download

Six updates on cases released in October 2010.

Approval Queue Eases: Ontario Overrides Municipal Planning Controls for Green Energy

November 1, 2010 | download

Recent reforms could make it easier for building owners and managers to incorporate green energy technology into building retrofits.

To P3 Or Not To P3

October 25, 2010 | download

Case Law Update: Shaw v. Phipps

October 20, 2010 | download

[2010] O.J. No. 4283 (Div. Ct.), Released 6 October 2010
Administrative Law – Standard of Review of Decisions of the HRTO – Human Rights – Prima Facie Discrimination on the Basis of Race

Case Law Update: Givogue v. Burke

October 20, 2010 | download

2010 ONSC 5075, Released 23 September 2010
Limitation Periods – Amendment of Pleadings – Deemed Undertaking

Case Law Update: Dilkas v Red Seal Tours Inc. (Sunwing Vacations)

October 20, 2010 | download

2010 ONCA 63, Released 4 October 2010
Jurisdiction – Forum Conveniens – Application of New Test Set out in Van Breda

Case Law Update: Ontario (Director, Disability Support Program) v. Tranchemontagne

October 20, 2010 | download

2010 ONCA 593, Released 16 September 2010
Human Rights – Test for Discriminatory Legislation

Case Law Update: Attis v. Ontario (Minister of Health)

October 20, 2010 | download

2010 ONSC 4508, Released 10 September 2010
Class Actions – Costs Awards Against Plaintiffs' Solicitors

Case Law Update: Groen v. Harris

October 20, 2010 | download

2010 ONCA 621, Released 29 September 2010
Civil Trial – Jury Trial – Mistrial – Deference to Trial Judge

Case Law Update: Sunview Doors Limited v. Pappas

October 20, 2010 | download

2010 ONCA 198, Released 16 March 2010
Construction Law – Statutory Trust – Breach of Statutory Trust – No Specific Intent or Knowledge of Improvements Required

Quiz: Securities, Sports and Leisure - Get in the Game

October 1, 2010 | download

Do you know what it takes to get your team up and running and over the initial hurdle of startup?

Estate Beneficiaries Beware the Long Arm of Tax Collectors

September 22, 2010 | download

Where a taxpayer has an outstanding tax debt in respect of which the Canada Revenue Agency is permitted to commence collection actions, one of the steps that the CRA may take is to have a certificate registered in Federal Court.

Regulatory Independence: The Impact of the Green Energy Act on the Regulation of Ontario's Energy Sector

September 3, 2010 | download

The Green Energy and Green Economy Act made significant changes to the regulatory regime for Ontario's energy sector.

Mission Impossible: Estate Planning and Assisted Human Reproduction

August 16, 2010 | download

The enactment of the Assisted Human Reproduction Act has been an important step in the development of a legal framework for the increased use of assisted reproduction technology in modern family planning.

Quiz: Workplace Violence and Harassment - New Obligations for Employers under OHSA

August 1, 2010 | download

Recent amendments to Ontario's Occupational Health and Safety Act provide heightened health and safety protection for workers.

Effective Cost Management in Litigation

July 30, 2010 | download

Changes made to the Rules of Civil Procedure in Ontario in January of this year have given judges a new power to determine key issues in a lawsuit, before a full-blown trial.

Councillor Successful in Protecting Council Funds

July 20, 2010 | download

The City of Toronto had no legal power to indemnify two Council members for legal costs incurred in responding to compliance audit requests.

Canada's New Copyright Bill and Consumer Rights - What's the Fuss?

July 19, 2010 | download

The Canadian government recently tabled new copyright legislation in the form of Bill C‑32 which expands consumers' rights by codifying many "day-to-day" activities (many of which are currently technically illegal).

Case Comment: Try and Try Again – CCAA Court Orders Union Members to a Second Vote

July 9, 2010 | download

Judgment of Quebec Superior Court (June 11, 2010) in restructuring proceedings of AbitibiBowater Inc.

Case Law Update: The Supreme Court of Canada Finds that Administrative Tribunals have the Jurisdiction to Grant "Charter" Remedies

June 14, 2010 | download

The Supreme Court of Canada has removed any lingering doubts that administrative tribunals have the authority to grant "Charter" remedies.

Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario's Green Energy Law

June 14, 2010 | download

An important part of Ontario's green energy initiative is legislation that seeks to levy a so-called special purpose charge ("SPC") on ratepayers.

Legislative Update: Energy Consumer Protection Act, 2010

June 1, 2010 | download

Ontario Bill 235 received Royal Assent on May 18, 2010. The purpose of the new legislation is to provide safeguards for energy consumers.

Case Law Update: Yugraneft Corp. v. Rexx Management Corp.

June 1, 2010 | download

2010 SCC 19, released 20 May 2010
Enforcement of Foreign Judgments - Arbitration Awards - Limitation Periods

Case Law Update: United States v. Yemec

June 1, 2010 | download

2010 ONCA 414, released 8 June 2010
Enforcement of Foreign Judgments – Defences – Meaningful Opportunity to be Heard – Equitable Orders – Injunctions

Case Law Update: Grand River Enterprises Six Nations v. Canada

June 1, 2010 | download

2010 ONSC 2911, released 18 May 2010
Interlocutory Motions - Temporary Stay - Related Proceedings

Case Law Update: R. v. Conway

June 1, 2010 | download

2010 SCC 22, released 11 June 2010
Administrative Law – Charter – Remedies – Jurisdiction of Administrative Tribunals

Case Law Update: Piresferreira v. Ayotte

June 1, 2010 | download

[2010] O.J. No. 2224, released 28 May 2010
Employment Law - Causes of Action – Negligent Infliction of Mental Suffering Not Available in Employment Context

Case Law Update: Toronto Star Newspapers v. Canada

June 1, 2010 | download

2010 SCC 21, released 10 June 2010
Constitutional Law – Mandatory Publication Bans at Bail Hearings do not Infringe the Freedom of Expression Guarantee under the Charter

Case Law Update: Bell Canada v. Rogers Communications Inc.

June 1, 2010 | download

2010 ONSC 3010, released 27 May 2010
Interlocutory Injunctions – Irreparable Harm – Delay

Case Law Update: Baryluk v. Warner Bros. et al.

June 1, 2010 | download

2010 MBQB 66, released 28 April 2010
Costs – Costs Against a Lawyer Personally

International Transport Quiz

June 1, 2010 | download

An ever smaller world means more multi-jurisdictional litigation, with interprovincial, cross-border, and international business and transport raising many jurisdictional issues.

First Ontario Energy Board Decision to Consider the Implementation of Ontario's Green Energy Act

May 6, 2010 | download

First decision released by the Ontario Energy Board addressing implementation of Green Energy Act.

Ontario Court of Appeal Confirms Limits on the Freedom of Publicly Regulated Companies

May 5, 2010 | download

There is an important distinction between private corporations and publicly regulated corporations (Toronto Hydro-Electric System Limited and the Ontario Energy Board).

Are you ready for Canada's new insider reporting regime?

April 26, 2010 | download

Changes to Canada's insider reporting regime will come into force in all Canadian jurisdictions on April 30, 2010.

Toronto's "Harmonized" Comprehensive Zoning By-law

April 15, 2010 | download

If you own property in Toronto or have development objectives in mind, Toronto's comprehensive zoning by-law is a process you'll want to follow carefully.

Low Interest Rates Threatening an Income Trust? There is a Solution.

April 12, 2010 | download

A trustee appointed under a Will must follow strictly the directions given in the Will. However, where the administration of a trust has become impractical by virtue of superseding events, the courts in Ontario can allow an exception to this rule.

Quiz: Mergers and Acquisitions - Risk Management

April 1, 2010 | download

Mergers and acquisitions and other major business transactions are complex and involve myriad issues. As transactions evolve, the pace of decision-making can become fast and furious.

Real Estate Developers Must Comply with Anti-Money Laundering Legislation

March 22, 2010 | download

Real estate developers must now comply with the reporting, client identification and record keeping requirements within this legislation.

Henry and The Burden of Proof

March 9, 2010 | download

The decision of Newbould J. in Henry v. Henry a year ago gives trust and estates practitioners a small mercy for which to be grateful.

Final Changes to Canada's Insider Reporting Regime Published by CSA

March 8, 2010 | download

On January 22, 2010, the Canadian Securities Administrators released the final form of National Instrument 55-104 Insider Reporting Requirements and Exemptions and its Companion Policy 55-104CP.

Out of the "Frye" Pan and into the Fire

March 1, 2010

Counsel advising shareholders of private corporations need to pay careful heed to the Ontario Court of Appeal decision in Frye v. Frye Estate.

Be Prepared! Bill 168 amends Occupational Health and Safety Act

February 19, 2010 | download

New workplace violence and harassment obligations for Ontario employers take effect June 15, 2010 – Are you ready to comply?

Challenging Municipal By-laws and Decisions

February 16, 2010

The Little Red Handbook for Municipal Councillors

February 15, 2010 | download

An essential guide for municipal councillors, officers and staff, including municipal lawyers and lawyers in private practice, respecting clients who deal with municipalities in Ontario.

Toronto's "Harmonized" Comprehensive Zoning By-law: Quis Custodiet Ipsos Custodes?

February 10, 2010 | download

Toronto property owners with development objectives in mind will want to follow carefully the City of Toronto's harmonization of pre-amalgamation zoning by-laws.

Quiz: Social Networking – Liabilities, Risks, and Rights of Employees and Employers

February 1, 2010 | download

What happens when the virtual world impacts the real one, and how is labour and employment law dealing with those impacts?

Letters of Intent - The Good and the Bad

January 4, 2010 | download

A common practice in business or major business transactions is using a letter of intent to set out the main points of a proposed business deal.

Contractual Interpretation Conforms with Business Sense

January 4, 2010 | download

A recent court decision suggests that courts are unafraid to use the tools of contractual interpretation to arrive at a result that makes sense and ensures a fair result.

Municipal Conflict of Interest Law: A Law in Conflict Based on Interest

December 10, 2009 | download

Members of municipal councils and local boards are only human.

Some Further Thoughts on Costs in Estate Litigation

December 1, 2009 | download

In the October 2009 edition of Deadbeat, Elizabeth Seo provided a helpful survey of recent costs decisions in estates litigation.

Toronto's "Harmonized" Comprehensive Zoning By-Law: Update

November 19, 2009 | download

WeirFoulds can advise you on how the City's new comprehensive zoning by-law will affect your property.

Residential Housing - Sales and Construction: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting residential real property sales.

Residential Rental Properties - Leases, Sales and Construction: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting residential real property rentals and construction.

Sale or Lease of Goods: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting supplies of goods.

Services: HST Transitional Rules

November 17, 2009 | download

A summary of the Ontario HST transitional rules affecting supplies of services.

Non-residential Real Property Sales: HST Transitional Rules

November 10, 2009 | download

A summary of the Ontario HST transitional rules affecting non-residential real property sales.

Commercial Leases: HST Transitional Rules

November 10, 2009 | download

A summary of the Ontario HST transitional rules affecting commercial leases.

Non-residential Construction: HST Transitional Rules

November 10, 2009 | download

A summary of the Ontario HST transitional rules affecting non-residential construction.

Looking to the Future—Mediation of Estate Disputes

November 1, 2009 | download

Anyone who practises in the Estates arena knows how highly charged the issues can get.

Cross-Border Litigation in Canada: Increasing Predictability and Clarity

October 23, 2009 | download

"The business of litigation, like commerce itself, has become increasingly international."

Grace Under Pressure

October 21, 2009 | download

Zen and the Art of the Litigation Practitioner: Some Strategies for Dealing with the Unexpected and the Uncivil

A New Entitlement of Independent Adult Children to a Share of their Parents' Estate?

October 13, 2009 | download

In Ontario freedom of testamentary disposition is restricted by the Succession Law Reform Act.

Frye Ruling a Recipe for Litigation

October 13, 2009 | download

Anyone advising shareholders of private corporations needs to pay heed to the Ontario Court of Appeal decision in Frye v. Frye Estate.

Thinking About "Going Green"? Proceed with Caution

October 6, 2009 | download

"Going Green" is the latest trend in consumer marketing – the corporate advertiser's must-have accessory for the 21st century.

Quiz: Securities Law

October 1, 2009 | download

On Sept. 28, 2009, securities regulatory authorities across Canada welcomed the new National Instrument 31-103 Registration Requirements and Exemptions.

Guardianship: What You Need to Know

October 1, 2009 | download

As medical science has improved, so has the prognosis for many of those who are catastrophically injured.

Can You Create An Economic Disincentive to Litigation from Beyond the Grave

September 14, 2009

In assessing whether to pursue estate litigation, parties must always consider who will pay the resulting legal costs.

Hot Spots - Five Tests Worth Running in that First Scan of a New Contract

September 1, 2009 | download

Customer review of a technology acquisition contract by a customer can be a daunting task.

Getting Municipalities to Work, or Getting Work to Municipalities: Protection and Conversion of Employment Lands

August 27, 2009 | download

Over the course of the last decade a variety of factors have contributed to the migration of employment uses.

Quiz: International Trade

August 1, 2009 | download

In this issue we look at international trade, including the North American Free Trade Agreement between Canada, the United States, and Mexico.

Toronto's "Harmonized" Comprehensive Zoning By-law: Closer to Approval

July 30, 2009 | download

Since 2004, the City of Toronto has been working on harmonizing the 43 different zoning by-laws inherited from its pre-amalgamation municipalities into one single comprehensive zoning by-law.

Anti-Money Laundering Regime Now Includes Real Estate Developers

July 3, 2009 | download

Those involved in real estate transactions have already heard of the dangers of title fraud and some have experienced it first hand.

Lienholders Defeat Owner's Complex Attempt to Preserve Priority

July 2, 2009 | download

Neither a borrower nor a lender be . . . Ontario's Court of Appeal recently had the chance to consider that question in a construction lien case.

Managing Executive Compensation

June 23, 2009 | download

Canadian securities regulators have implemented major changes to executive compensation disclosure requirements that apply to any fiscal year ending on or after December 31, 2008.

Avoiding Black Holes and Hollow Victories: Cross-Border Litigation Comes of Age

June 23, 2009 | download

"[T]he business of litigation, like commerce itself, has become increasingly international."

Quiz: Corporate Insolvencies

June 1, 2009 | download

The current economic environment has created a number of business casualties.

OMB Variability

May 20, 2009 | download

Most municipalities subject to the provincial growth plan are still going through exercises required to ensure that their official plans conform with provincial policy.

The Duty of an Attorney to Account

May 11, 2009

As a general rule, a person exercising a power of attorney for property in Ontario has no legal duty to account to anyone other than the grantor of the power.

Doing Business in Ontario: An Overview of Environmental Protection Law

April 30, 2009 | download

This guide provides a brief overview of the main elements of environmental protection law in Ontario.

Renewable Energy Projects: PLanning Powers Reduced

April 29, 2009 | download

The Government of Ontario introduced and gave first reading to the Green Energy Act, 2009 on February 23.

Handle Estate Transfers of Real Property with Care

April 14, 2009 | download

The devil is in the details for any conveyance of real property. However, the details become more important when an estate is a party to the transaction.

Encountering and Responding to Ethical Dilemmas and Professional Challenges in the Role of In-House Counsel

April 14, 2009 | download

In recent years, corporations have increasingly established in-house legal departments to meet their need for legal services.

Estate Litigation Quiz

April 1, 2009 | download

How much do you know about Estate Litigation?

Municipal Elections Expenses: Greater Clarity For Audit Procedures

March 31, 2009 | download

Important guidance on how the Municipal Elections Act ("MEA") should be interpreted and applied where a candidate's election expenses are subject to an audit.

Toronto Property Tax Relief Program Approved For Building Development or Renovation

March 31, 2009 | download

Toronto City Council recently approved a new program – the Imagination, Manufacturing, Innovation and Technology (IMIT) financial incentive grant program.

New Ontario Budget Announces HST to Replace PST and GST

March 27, 2009 | download

In its budget of March 26, 2009 the Government of Ontario announced the harmonization of PST and GST effective July 1, 2010.

Big Changes Are Here For Executive Compensation Disclosure

March 18, 2009 | download

The time is now for public companies to start preparing for the new comprehensive executive compensation disclosure requirements.

Proposed Green Energy Act Places Limits on Municipal Land Use Planning Powers

March 4, 2009 | download

On February 23, 2009, the Government of Ontario introduced and gave first reading to the Green Energy Act, 2009 (the "Act").

Tax-Exempt Status Preserved - Despite Sophisticated Operations

March 1, 2009 | download

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.

Tenant Bankruptcy and Beyond

March 1, 2009

"Bankruptcy" is commonly used to describe a number of legal situations involving a tenant's financial distress.

Clashing with Class Actions

February 11, 2009 | download

Business Law Today, American Bar Association Historically, class action lawsuits have not been a staple of the Canadian legal culture, but times are changing.

Avoiding False Starts and Hollow Victories: Equipping Yourself for Cross-Border Litigation

February 11, 2009 | download

"[T]he business of litigation, like commerce itself, has become increasingly international."

Shareholder Agreements Gone Wrong

February 10, 2009 | download

Any person advising shareholders of private corporations needs to pay careful heed to the Ontario Court of Appeal decision in Frye v. Frye.

Money Laundering and Real Estate Development Quiz

February 1, 2009 | download

How much do you know about the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (the Act")?

Municipal Signage Control: Issues and Challenges

February 1, 2009

Times, They are A'Changing

January 26, 2009 | download

What is an employer's duty to accomodate the needs of their employees?

New Duties for Real Estate Developers Under Money Laundering Legislation

January 19, 2009 | download

On February 20, 2009, a key amendment to regulations under the Proceeds of Crime (Money Laundering) and Terrorist Financing Act, 2000, c.17 will come into force.

Leasing in an Uncertain Economy

January 1, 2009 | download

As uncertainty in financial markets continues, affecting all aspects of the economy, commercial landlords ought to consider the manner in which they approach lease agreements and their negotiation, as well as the parties with whom they conduct business.

Good Business Sense

January 1, 2009 | download

The Ontario Superior Court of Justice and Court of Appeal's recent decision in Calloway Reit (Westgate) Inc. v. Michaels of Canada, ULC is a shot across the bow for tenants seeking to avoid rent.

Rooftop Solar Panels - Good Business Sense or Not?

January 1, 2009 | download

A number of landlords, owners and tenants have recently received inquiries from rooftop solar panel installers desirous of installing solar panels on their roofs.

Overhauling the Ontario Human Rights System: Recent Developments in Case Law and Legislative Reform

January 1, 2009

A Warning To Members Of Councils and a Plea To The Province

December 1, 2008

The recent court decision in Jaffary v. Greaves highlights key ambiguities in Ontario's Municipal Conflict of Interest Act.

Quiz on Cross-Border Litigation Issues

December 1, 2008 | download

Quiz on cross-border litigation issues provided by WeirFoulds LLP partner, Greg Richards.

A Warning To Members Of Councils and a Plea To The Province

November 27, 2008 | download

The recent court decision in Jaffary v. Greaves highlights key ambiguities in Ontario's Municipal Conflict of Interest Act, providing a clear warning to councillors of how careful they must be in adhering strictly to its mandate.

Duty to Accommodate – Supreme Court of Canada Rehabilitates the Undue Hardship Threshold

November 27, 2008 | download

A recent decision of Canada's top court signals a pendulum swing in the judicial attitude towards the employer's burden.

Is Your Business Protected When Employees Leave?

November 27, 2008 | download

The non-competition agreement you have with employees may not be worth the paper it's printed on. More than ever, protecting your business interests when employees leave requires more than boilerplate wording.

Are You Prepared for the New Customer Service Accessibility Laws?

November 27, 2008 | download

The Accessibility for Ontarians with Disabilities Act, 2004 ("AODA") came into force in June 2005, but its impact is just beginning to be felt. Accessibility standards for customer service have now been established by regulation, with almost every public and private sector organization in Ontario needing to comply by January 1, 2010, for most public sector entities and January 1, 2012, for the private sector.

Balancing Act – Municipality Not Negligent in Enforcing

October 10, 2008 | download

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

CPC Law Quiz

October 1, 2008 | download

How much do you know about the CPC Program?

Landmark Ruling Favours Commercial Taxpayers

October 1, 2008

Signs of Trouble: Preventing Municipal Sign By-laws From Being Struck Down

September 1, 2008


September 1, 2008 | download

 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.

The Paper Chase

August 21, 2008 | download

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.

The Landlord, the Knock Off, the Potential Liability

August 21, 2008 | download

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?

Environmental Law Quiz

August 1, 2008 | download

How much do you know about environmental law?

Tighter Rules on Damages in Wrongful Dismissal Cases

July 25, 2008 | download

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

Municipalities Could Face Reduced Business Property Assessments

June 20, 2008 | download

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.

Toronto Lobbyist Rules – A New Way of Doing Business

June 20, 2008 | download

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.

Major Shift in Law Relating to Bidding and Tendering

June 20, 2008 | download

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

Less Onerous Employee Dismissal Process for Municipalities

June 9, 2008 | download

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

Public Peephole into Municipal Affairs is Widening

June 2, 2008 | download

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

The changing face of Human Rights complaints

June 2, 2008 | download

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

A vote of sanity in employee claims of bad faith

June 2, 2008 | download

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

Drug testing standoff

June 2, 2008 | download

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

Commercial Real Estate Quiz

June 1, 2008 | download

How much do you know about commercial real estate?

Tenant bankruptcy and beyond

May 30, 2008 | download

"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.

Business property tax assessments: This time it's technical

May 30, 2008 | download

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.

Directors BEWARE – Potential Environmental Liability

May 1, 2008 | download

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.

Capital Pool Companies

May 1, 2008 | download

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

Commercial Leases Quiz

April 1, 2008 | download

How much do you know about commercial real estate leases?

Infrastructure Quiz

February 1, 2008 | download

How much do you know about planes, trains, and automobiles — or more specifically, the public infrastructure that supports them?

The Role of Human Rights Statutes in Advancing Equality

January 1, 2008

Duty to consult with First Nations: A municipal obligation?

January 1, 2008 | download

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.

Employment settlements that stick

January 1, 2008 | download

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

Make it a functional Family Day

January 1, 2008 | download

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

Putting new municipal accountability measures into action

January 1, 2008 | download

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.

Conflicting court decisions on OMB appeals

November 21, 2007 | download

Municipalities, developers and other interested stakeholders who have been waiting for greater certainty on when Ontario Municipal Board decisions can be appealed to the Divisional Court will have to wait a little longer.

A New Era in Provincial Enforcement

November 1, 2007 | download

Goodbye regulatory silos. Inspectors from different ministries can now share their observations and findings about your organization with each other.

Get the lead out

October 1, 2007 | download

For years now, lower production costs in developing countries have been a competitive advantage for many businesses. But as recent product recalls have shown, it's a strategy that requires significant attention to the potential risks involved...

Dealing With Construction Liens

September 1, 2007 | download

Jackhammers, nail guns, power saws…ah…the sounds of fall in the city. Recent reports estimate that residential real estate values will increase by 9.5 % this year, and that the average home price in Canada will top $300,000 for the first time. And we already know the state of affairs in commercial construction (especially in Calgary and Vancouver). But did you know that one of the natural consequences of construction is…you guessed it!....the construction lien?

Is Your Business Licensing By-Law About to Die?

August 1, 2007 | download

You should be aware that the by-laws of your municipality licensing and regulating various businesses may be about to expire.

Proposed New Legislation Affects Owners of Rental Buildings in the City of Toronto

June 30, 2007 | download

Owners of property containing rental housing units in the City of Toronto should take immediate note of a by-law that has been proposed by the City of Toronto. If passed, it will significantly limit a property owner's ability to demolish, alter, or convert buildings containing six or more rental units.

Clean drinking water: Provincial protection with a municipal impact

June 1, 2007 | download

Ontario residents will soon benefit from greater protections for their drinking water, but these protections will come with both responsibilities and changes for municipalities.

Changes to construction plans? Building permits can be revoked

June 1, 2007 | download

In a recent WeirFoulds win, the Ontario Superior Court confirmed that a chief building official can revoke a building permit if the facts on the ground change after the permit is issued, even if the changes don't affect what's built at the end of the day.

Power to delegate far reaching for Ontario municipalities

June 1, 2007 | download

A new era for municipal governments in Ontario was ushered in on January 1, 2007 with the proclamation of Bill 130's major amendments to the Municipal Act, 2001.

Municipal actions. Court reactions.

June 1, 2007 | download

With the actions of municipalities having such a direct and wide-ranging impact on the communities they serve, conflicts inevitably occur and court cases result. Here are a few recent cases you may find of interest.

Changes to Ontario's CVOR System - Effective April 2, 2007

April 2, 2007 | download

If you hold a CVOR, you need to be aware of important changes to the CVOR system which came into effect on April 2, 2007.

The rising risks of the e-document evolution

March 1, 2007 | download

With electronic files now dominating workplace documentation and communication, significant litigation risks have emerged relating to the production of e-documents when a dispute arises. The good news? A proper document management plan can reduce these potential risks substantially.

New Teeth for Ontario Heritage Act

September 1, 2006 | download

Municipalities have new powers to protect heritage resources, but outdated designating by-laws could thwart protection efforts.

Planning to shape your municipal future

September 1, 2006 | download

Recent changes to the Planning Act give municipalities more authority to control local development.

Flexing that municipal muscle

September 1, 2006 | download

In their legislative role, municipalities face challenges not seen by other levels of government. Luckily, there's never been a better time for creative solutions.

Have you done enough to protect your trade secrets?

August 1, 2006 | download

Recent cases in the news have demonstrated that a company may go to great lengths to acquire the confidential information of a competitor.

Online Protection

August 1, 2006 | download

Each day more and more people are discovering that rather than having to drive to a busy mall and wait in line, they can make the same purchase from the comfort of their homes. However, the anonymity of shopping over the internet raises a variety of concerns for consumers.

Are you governance savvy?

September 1, 2005 | download

The Enron, WorldCom, Adelphi and other similar scandals in the U.S. in the early 2000s made corporate governance a front-page issue. The U.S. Congress responded in part by enacting the Sarbanes-Oxley Act of 2002 to improve corporate responsibility and financial disclosure and prevent accounting fraud. Canada was not far behind.

The Power of the Internet – Beware of What You Write

August 2, 2004 | download

In a recent decision, the Ontario Court of Appeal has described the Internet as one of the most powerful tools of communication ever invented, with the potential to be a medium of virtually limitless international defamation.

Stricter Rules for Telemarketers

August 2, 2004 | download

The Canadian Radio-television and Telecommunications Commission has passed new rules regarding telephone calls made by telemarketers. Some of these rules relate to "do not call" lists.

The Financing Triangle: The Top Five Practical Considerations in Negotiating Tenant Financing Rights and "Landlord Waivers"

June 1, 2004 | download

When a typical franchisee in the food service industry seeks to open a business in a shopping centre, it usually obtains a commitment from its lender to provide financing for the purchase of the furnishings, fixtures, inventory and equipment...

Operating Costs Audits and the Role of the New Consultants-A Landlord's Perspective

June 1, 2004 | download

What is the role of the new consultants? That one is easy. To make landlord's lives miserable...

Requests for Proposal

June 1, 2004 | download

With the release of her decision in Buttcon et al. v. Toronto Electric Commissioners, Madam Justice MacFarland of the Ontario Superior Court of Justice provided some much needed guidance to understanding the legal rules applicable to the Request for Proposal process.

Embee Properties Limited et. al.

June 1, 2004 | download

This case summary illustrates how a landowner may strategically gain control over an otherwise unwieldly planning process. If the right circumstances exist to invoke a Joint Board consolidated hearing under the provisions of the Consolidated Hearings Act ("CHA"), any hearings that may proceed within the same land area covered by the CHA might be precluded from proceeding.

Standard of Judicial Review

June 1, 2004 | download

The Ontario Municipal Board (OMB) is an expert tribunal representing the pinnacle of planning decision-making in the province, especially since the removal of cabinet petitions in respect of Planning Act matters. However, in terms of law and jurisdiction, it is not the final decision-maker.

Drug & Alcohol Testing: Zero Tolerance is Against the Law

April 1, 2004 | download

A decision of the Canadian Human Rights Tribunal, released November 6, 2003 (the "Tribunal's Decision"), partially resolves the dilemma facing transportation companies about what they can and cannot do with respect to drug and alcohol testing for their employees...

Update on 1497777 Ontario Inc. v. Leon's Furniture Limited

April 1, 2004 | download

Subtenants (and head tenants) may be surprised by the September 2003 decision of the Ontario Court of Appeal in 1497777 Ontario Inc. v. Leon's Furniture Limited ("Leon's"). The court overturned the June 2002 decision of the Superior Court of Justice of Ontario, which we reported in the Winter/Spring 2003 issue of The Advantage.

Structuring and Financing P3s

April 1, 2004 | download

One of the most difficult, time consuming and important challenges facing the public sector is how to structure the Public-Private Partnership (the "P3") to adequately protect relevant public policy and public interest objectives and concerns, while attracting the desired level of private sector involvement, private investment and risk transference to the private sector...

Are your Business Practices an Invasion of Privacy?

January 1, 2004 | download

If you operate an interprovincial or international transportation business that is subject to the Canada Labour Code, PIPEDA already applies to your business.