Duty to consult with First Nations: A municipal obligation?
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
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
The simple addition of one public holiday may be anything but simple for some employers.
Putting new municipal accountability measures into action
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
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
Goodbye regulatory silos. Inspectors from different ministries can now share their observations and findings about your organization with each other.
Get the lead out
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
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?
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
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.
George Rust-D’Eye has been awarded the Ontario Bar Association’s Award of Excellence in Municipal Law
WeirFoulds is proud to congratulate George Rust-D’Eye on receiving the Ontario Bar Association’s Award of Excellence in Municipal Law. A specialist in municipal law and municipal litigation,…
Changes to construction plans? Building permits can be revoked
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.
Clean drinking water: Provincial protection with a municipal impact
Ontario residents will soon benefit from greater protections for their drinking water, but these protections will come with both responsibilities and changes for municipalities.
Municipal actions. Court reactions.
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.
Power to delegate far reaching for Ontario municipalities
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.
Changes to Ontario’s CVOR System – Effective April 2, 2007
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.
Business Case for Diversity
Law firms are reviewing their policies, ranging from recruitment to retention, to improve their diversityand serve their clients better
Managing Success – Managing Partner interview
Lisa Borsook, who chairs the commercial leasing practice group at the 80-lawyer Toronto firm of WeirFoulds LLP, was recently picked to lead the firm, becoming what is…
Passages to India
The world’s largest democracy is on the move, scouring the world for energy, money, infrastructure and legal expertise. Canadian companiesand their lawyersare helping to meet the demand.
While e-discovery is well established as a major concern for in-house counsel, it’s also clear that the issue is only becoming more complexand potentially fraught with unknown…
The rising risks of the e-document evolution
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.
Privilege Under Fire
As North American securities regulators crack down on corporate fraud, a cornerstone legal principle, solicitor-client privilege, has been caught in the crossfire. Today, in-house counsel wear huge…
A Man With A Mission
Star lawyer Frank Walwyn guides aspiring black students through the minefields of the legal profession.
Keeping secrets: Have you done enough to protect your proprietary information?
Recent high-profile cases in the news have demonstrated that a company may go to great lengths to acquire the confidential information of a competitor. An unscrupulous company…
Flexing that municipal muscle
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.
New Teeth for Ontario Heritage Act
Municipalities have new powers to protect heritage resources, but outdated designating by-laws could thwart protection efforts.
Planning to shape your municipal future
Recent changes to the Planning Act give municipalities more authority to control local development.
Have you done enough to protect your trade secrets?
Recent cases in the news have demonstrated that a company may go to great lengths to acquire the confidential information of a competitor.
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?
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.