Ontario Government Makes Policy U-Turn: Doug Ford's Plan for the Private Retail Sale of Cannabis

August 14, 2018

Fresh off his convincing electoral victory, Premier Doug Ford has announced that he plans to begin the process of scrapping Ontario's existing approach to the retail sale of cannabis, which had been introduced by the predecessor Liberal government.

International Commercial Arbitration Awards: When Does an Arbitration Award Become Binding?

July 20, 2018

"A bad beginning makes a bad ending."
- Aeolus, fragment 32

And so the saying went for Mr. Popack and Mr. Lipszyc, the parties in the recent decision of the Court of Appeal in Popack v Lipszyc, 2018 ONCA 635. The issues in this case were when an arbitration award of a rabbinical court was binding and whether it should be recognized and enforced in Ontario.

Ontario's New Standard Form of Residential Lease: What Landlords and Property Managers Need to Know

April 9, 2018

Building on its 2017 expansion of rent control to all residential units and the City of Toronto's recent registration and maintenance obligations on residential landlords, the Government of Ontario has now developed a new standard lease template (the "New Lease"), which was promised under 2017's Ontario Fair Housing Plan

Preparing for Adjudication? How to Govern Yourself Accordingly

February 14, 2018

The Construction Act is on its way to Ontario, and with it comes the advent of adjudication. As many will already know or soon find out, Ontario's adjudication process will be document intensive. Construction industry players will be well-advised to structure their business practices in such a way that participating in an adjudication process involves a quick transfer of well-organized files rather than a hurried rush to turn the office upside down. 

The following tips are not only helpful for future litigants, but are also just good business practices that may help avoid any sort of dispute.

Using change directives to delay compensation and adjustments to the project schedule

December 22, 2017

Acceleration; critical path; milestones; liquidated damage; change directives; and change orders. These are terms used in today's fast-paces construction industry where project delays have serious financial consequences and parties are required to perform addition work before the terms upon which the work is to be performed are agreed.

Ontario Introduces New Cannabis Legislation: What You Need to Know About the Impact on Commercial Real Estate and Leasing

November 7, 2017 | download

Introduction: Bill 174

In order to meet the federal government's July 1, 2018 target for legalizing recreational cannabis country-wide, each province and territory across Canada has been seeking public input and developing their respective plans for the regulation of the sale of recreational cannabis.

Pumping the Brakes: New Regulations Aim to Limit the Impact of Short-Term Rentals in Toronto

July 6, 2017

The rise of the "sharing economy" has spawned many new industries, but perhaps one of the most prominent (together with ride sharing) has been the explosion in "vacation rental by owner" services, led most prominently in Canada by Airbnb. These short-term rental platforms operate worldwide, generally without regulation. The City of Toronto (the "City"), however, is seeking to change this trend. On June 12, the City's Municipal Licensing and Standards division released a number of proposed regulations that could seriously impact the short-term rental market in Toronto. These regulations aim to increase the availability of permanent affordable rental housing by curbing the number of short-term rentals available, especially in the downtown core.

Bill 139, Building Better Communities and Conserving Watersheds Act, 2017

June 20, 2017

On May 30, 2017, Bill 139 passed first reading. Bill 139 would, among other things, continue the Ontario Municipal Board ("OMB") under the new name "Local Planning Appeal Tribunal" ("LPAT" or "Tribunal"), and amend the Planning Act to revise the jurisdiction and authority which the OMB had previously exercised.

The New Construction Act: Coming to a Jobsite Near You

June 6, 2017

For many years construction industry groups have been demanding changes in the law about payment on construction projects and how disputes are resolved.  In response, the Attorney-General has now introduced Bill 142, An Act to amend the Construction Lien Act, for first reading. If Bill 142 gets passed into law later this year, as expected, then the way contractors get paid for their work will change drastically in Ontario and anyone involved in the construction industry will be significantly affected.

Ontario Announces Proposed Changes to the OMB and the Results of the Coordinated Review of Four Provincial Land Use Plans

May 18, 2017

Over the past few days there have been a series of announcements from the province of Ontario regarding the introduction of legislation related to reforms of the Ontario Municipal Board (OMB), and the results of a coordinated review of the Growth Plan for the Greater Golden Horseshoe (GGH), the Greenbelt Plan, the Oak Ridges Moraine Conservation Plan and the Niagara Escarpment Plan. Please find details about both of these announcements below.

Recent Decision Confirms that Notices of Claims Do Not Have a ‘Standard Form'

April 18, 2017

What constitutes a notice of claim? Parties to construction lawsuits often find themselves disputing whether a particular email or letter is a valid notice of a claim that complies with the notice provisions of their contract. While some contracts spell out exactly how a notice is to be prepared, sent and addressed; others are vague or silent on the issue. In light of the recent decision in Ledore Investments Ltd. v. Ellis-Don Construction Ltd., 2016 ONSC 5441, parties should be aware that courts are concerned more about whether notice was properly given rather than how it was given.

Residential Landlords Beware! Toronto By-law Creates Onerous New Obligations

April 6, 2017

On March 28, 2017, Toronto City Council adopted Agenda Item LS17.1, which authorizes the creation of a new by-law (the "By-law") to govern apartment buildings in Toronto, and creates significant new record-keeping and reporting obligations for residential landlords. The definition of "apartment buildings" is intended to apply to all purpose-built rental properties in Toronto with three (3) or more storeys and ten (10) or more dwelling units available for rent. It will not apply to long-term care facilities, licensed retirement homes, or co-operative housing, but will cover Toronto Community Housing buildings (with some small differences).

The proposed By-law will apply to an estimated 3,578 apartment buildings in Toronto. The By-law will come into effect on July 1, 2017, and according to Councillor Josh Matlow, City inspectors will have visited every building by the end of 2017.

Feds Not Just Blowing Smoke: Recreational Marijuana to be Legal by July 1, 2018

March 29, 2017

Less than twenty-four hours after being called out by a candidate for the leadership of the NDP, CBC News has reported that Prime Minister Justin Trudeau's Liberal government plans on introducing legislation in early April 2017 with the intention of legalizing recreational marijuana by July 1, 2018.

According to the CBC report, the new legislation will "broadly follow" the final recommendations of the Task Force on Cannabis Legalization, providing landlords and retail marijuana business owners with some clues as to what the final regulatory system will look like.

No Bidding Around: The Competition Bureau Targets Bid-Riggers in 2017

January 9, 2017

Over the past few years, we have written and presented extensively about how Canada's Competition Bureau has cracked down on price-fixing and bid-rigging in Canada's construction industry. In December of 2016, the Bureau announced that as a result of several recent discoveries of illegal bidding practices, it will be intensifying its efforts to identify and prevent bid-rigging, with a particular focus on provincial and municipal infrastructure projects.

Books by WeirFoulds Lawyers

December 1, 2010