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2021

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  2. 2021
Jul 27, 2021

Lien Rights: To Assign or Not to Assign (Should you ask the question?)

Assignment of lien is a powerful but underused section of Ontario’s Construction Act. Assignment allows a party with lien rights to transfer their rights (and rights to…

Transportation Notes: Québec Superior Court Allows Class Action Against Sunwing, But Not Other Airlines

In a recent decision, the Superior Court of Québec allowed a class action to proceed against Sunwing Airlines and its tour operator, Sunwing Vacations. The central allegation…

Jul 23, 2021

WeirFoulds welcomes two new associates

WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Shawn Tian – Technology and Intellectual Property Law Shawn Tian is…

Jul 15, 2021

You Might Regret That Text: Text Messages and Limitation Periods in Ontario

While the legal profession is grounded in tradition and ceremony, COVID-19 has forced courts to acknowledge the reality of the increasingly virtual way that we do business.…

Jul 12, 2021

Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident

In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court…

Federally Regulated Employers Take Note: Upcoming Obligations for Equal Pay for Work of Equal Value Under the Pay Equity Act

Coming into force on August 31, 2021, the Government of Canada’s Pay Equity Act (the “Act”) is part of a framework for long-term changes to ensure that…

Jul 9, 2021

WeirFoulds Represents Platform 9 in Closing of Qualifying Transaction

On May 19, 2021 Sol Cuisine Ltd (formerly Platform 9 Capital Corp.) (TSXV: PN.P) announced that it completed its previously announced “Qualifying Transaction” in accordance with the…

Jul 1, 2021

The Court of Appeal Weighs in on Representation Orders in Small Claims Court: Kelava v. Spadacini

The Court of Appeal recently considered whether the Small Claims Court has jurisdiction to make a representation order and appoint a representative defendant for an unincorporated association.…

Jun 29, 2021

You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario

In Hawkes v. Max Aicher (North America) Limited,[1] the Divisional Court strongly affirmed and expanded the 2014 ruling in Paquette v Quadraspec Inc[2] that an employer’s entire…

Jun 28, 2021

A number of WeirFoulds lawyers will serve on OBA Law Section executives for 2021-2022 term

WeirFoulds is pleased to announce that a number of our lawyers have been selected to serve on the Ontario Bar Association’s Law Sections and Law Section executives…

Jun 24, 2021

Modernizing the Ontario Business Corporations Act: Amendments Proclaimed

Further to our article on March 11, 2021, the Lieutenant Governor of Ontario has proclaimed that certain amendments to the Business Corporations Act (“OBCA”) will come into…

Jun 22, 2021

Staying Administrative Proceedings Due to Delay: Is the Law Changing?

The Supreme Court of Canada recently granted leave to appeal from the decision of Law Society of Saskatchewan v. Abrametz,[1] a decision of the Court of Appeal…

WeirFoulds stands with the Muslim community and condemns Islamophobia

Earlier this month, four members of the Afzaal family were tragically killed, and another seriously injured, in London, Ontario, when they were struck by a driver, who…

Jun 21, 2021

The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine

In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an…

Jun 17, 2021

If a debt is outstanding, but not enforceable in court… is it really a debt?

The classic pseudo-philosophical question of: If a tree falls in a forest when no one is around to hear it, does it make a sound? reveals a tension around…

Daily Commercial News reports on the sixth panel of WeirFoulds’ Tools for Success – A Construction Law Webinar Series

Members of the construction industry hoping to avoid project disputes know full well that the best first step is to draft airtight, unambiguous contracts. But as our…

Jun 16, 2021

WeirFoulds welcomes associate Anna Alizadeh to the Wills, Trusts and Estates Practice Group

WeirFoulds is pleased to welcome Anna Alizadeh as an Associate to the firm’s Wills, Trusts and Estates Practice Group. Anna represents clients in court and mediation regarding…

Jun 12, 2021

Jeff Scorgie provides comment to Daily Commercial News on the climate of material price escalation and its impacts on bonding limits

Andrew Cartwright and Chris Dardarian’s article in Daily Commercial News, “Surety Corner: How the current climate of material price escalation impacts bonding limits”, published on June 10,…

Jun 11, 2021

WeirFoulds’ former Partner Barnet Kussner posthumously receives the OBA Barnet Kussner Award of Excellence in Municipal Law

WeirFoulds is honoured to announce that on June 10, 2021 the Ontario Bar Association’s Municipal Law Section presented their Award of Excellence posthumously to our Partner, colleague and…

Jun 10, 2021

Change of Plans – New Amendments to Ontario’s Planning Act and their Impact on Commercial Leasing

Background Although frequently ignored by leasing professionals (and even some lawyers!), the Planning Act prohibits leases in Ontario from having a term longer than 21 years (including…

Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?

Starting June 11th, 2021, Ontario will officially enter Step 1 of the recently announced Roadmap to Reopen framework. For those in the construction industry, this means that…

Jun 9, 2021

WeirFoulds welcomes new Private Equity Associate

WeirFoulds is pleased to welcome Eliott Cheeseman as an Associate to the firm’s Private Equity Practice Group. Eliott is building a corporate practice focused on the sports,…

The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021

On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”)…

Jun 8, 2021

Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 (“Carroll-Byrne”), the Nova Scotia Court of Appeal upheld a lower court’s authorization of the conditional release of…

WeirFoulds mourns the loss of 215 Indigenous children

Last week’s discovery of the remains of 215 children, at the site of the former Kamloops Residential School in the Tk’emlúps te Secwépemc territory, British Columbia, is…

Jun 3, 2021

WeirFoulds welcomes Partner Peter Gross to its Municipal, Planning and Land Development Group

WeirFoulds is delighted to announce that Peter Gross has joined the firm as a Partner in our Municipal, Planning and Land Development Practice Group, effective June 1,…

May 21, 2021

WeirFoulds welcomes new Municipal Law Associate

WeirFoulds is pleased to welcome Abbey Sinclair as an Associate to the firm’s Municipal Law Practice Group. Abbey’s practice focuses on expropriation and municipal law. She provides…

May 20, 2021

Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel

The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with…

May 19, 2021

WeirFoulds collaborates with Zero11Zero, CCNC-SJ and Myseum of Toronto to hold virtual event

In celebration of Asian Heritage Month 2021, WeirFoulds LLP (“WeirFoulds”) is pleased to announce that they, in collaboration with Zero11Zero/Iron Bay Media, Chinese Canadian National Council for…

May 13, 2021

Daily Commercial News provides coverage on panel, “Managing the COVID-19 Related Claims Process” moderated by Glenn Ackerley at the Toronto Construction Association’s virtual Members’ Day

Daily Commercial News recently reported on a panel discussion moderated by WeirFoulds Partner Glenn Ackerley, “Managing the COVID-19 Related Claims Process” that took place at Toronto Construction…

May 12, 2021

WeirFoulds kicks off Asian Heritage Month 2021 with an educational webinar, “Not Your Model Minority: The Problem with Asian Stereotypes”

The month of May is an opportunity for all Canadians to learn about the many achievements and contributions of Asian Canadians. The theme for this year’s Asian…

May 11, 2021

Daniel Wong interviewed by Canadian HR Reporter on how employers can survive compliance audits amid the Covid-19 pandemic

WeirFoulds Partner and Chair of the Employment Law Practice Group, Daniel Wong, was recently interviewed by Jeffrey R. Smith of Canadian HR Reporter. The interview was featured…

May 10, 2021

Policy, not law: the Divisional Court discusses the Clergy principle

On May 5, 2021, the Ontario Divisional Court released its decision in Masters v Claremont Development Corporation[1], which discusses the Clergy principle, as well as the jurisdiction…

May 6, 2021

WeirFoulds establishes Barnet H. Kussner Memorial Award with the Faculty of Law at the University of Toronto

WeirFoulds is honoured to announce that in the memory of our Partner, colleague and dear friend, Barnet Kussner (“Barney”), we have established the Barnet H. Kussner Memorial…

May 5, 2021

Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention

On April 1, 2021, the Ontario Court of Appeal reviewed and clarified the equitable doctrine of estoppel by convention in its decision in Fram Elgin Mills 90 Inc.…

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