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.

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.

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.

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 weirfoulds.com.

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:

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.

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.

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.

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.

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 www.weirfoulds.com.

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.

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.

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).

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).

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. 

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

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.

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: 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: 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: 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.

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: Rondel v Robinson Estate

September 21, 2011 | download

Estates – Interpretation of a Will – Admissible Evidence

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.

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.

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.

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.

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

June 1, 2011 | download

Restitution – Quantum meruit – Valuation

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.

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.

Quiz: P3s and Infrastructure

April 1, 2011 | download

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

Case Law Update: Credifinance Securities Limited v DSLC Capital Corp

March 30, 2011 | download

Trustee – Constructive Trust – Fraud – Bankruptcy

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

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?

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.

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.

PE Investment in India

November 17, 2010 | download

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

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.

To P3 Or Not To P3

October 25, 2010 | download

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.

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).

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.

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.

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.

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.

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?

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.

Services: HST Transitional Rules

November 17, 2009 | download

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

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.

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.

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.

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.

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.

Quiz: Corporate Insolvencies

June 1, 2009 | download

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

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.

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.

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.

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.

CPC Law Quiz

October 1, 2008 | download

How much do you know about the CPC Program?

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.

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.

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.

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.

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.

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.

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...