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Mar 13, 2023

Get It in Writing: Ontario Court Upholds Termination for Cause Based on Written Employment Agreement and Clear Employee Expectations

Overview In Park v Costco Wholesale Canada Ltd.[1], the Ontario Superior Court of Justice affirmed the test for just cause dismissal resulting from an employee’s dishonest conduct,…

Feb 7, 2023

Use of OM Exemption by Real Estate Issuers and Collective Investment Vehicles

Executive Summary Issuers engaged in the real estate sector (Real Estate Issuers) and issuers who pool money to invest in a portfolio of securities (Collective Investment Vehicles)…

Feb 6, 2023

The Cost of Stolen Time: B.C. Tribunal Provides Clarity on Employee Time Theft and Cause for Termination

“Time theft” occurs when an employee is paid for time that the employee knowingly did not work. Examples include the alteration of records by an employee to…

Jan 4, 2023

Here’s the Drill: COCA’s Helpful Resource for Learning About Prompt Payment and Adjudication

Despite the prompt payment and adjudication rules under the Construction Act being introduced to Ontario in October 2019, many involved in construction projects continue to be unaware…

Dec 14, 2022

WeirFoulds Technology Insights: Canada’s Crackdown on Crypto: An Overview of Cryptocurrency Regulation and Enforcement

On November 21, 2022, the Canadian Securities Administrators (CSA) issued a reminder, warning that trading in crypto assets “comes with elevated levels of risk”.[1] The CSA noted…

Dec 13, 2022

Supreme Court of Canada: Arbitration agreements may be inoperative where ‘chaotic arbitral processes’ would compromise resolution of a receivership

The Supreme Court of Canada’s (“SCC“) recent decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River“), clarified whether, and in what circumstances, a contractual agreement…

Dec 1, 2022

Here’s the Drill: “Pay When Paid” Clauses in Subcontracts

Many subcontracts include payment terms that try to shield the contractor from having to pay a subcontractor in the absence of the contractor receiving payment from the…

Nov 21, 2022

Here’s the Drill: The New Owner-Architect Contract Released by the Ontario Association of Architects: the OAA 600-2021

As part of its new suite of 2021 contract documents, the Ontario Association of Architects (OAA) has released an updated version of its widely used standard form…

Nov 14, 2022

Update on Those Damn Flipping Rules

The August 9, 2022 draft amendments to the Income Tax Act (Canada) include provisions to give effect to the residential property flipping rule first introduced in Budget…

Nov 1, 2022

Prospectus Exemption Intended for Individuals with Relevant Proficiency Requirements: The “Self-Certified Investor Prospectus Exemption”

Introduction On October 25, 2022, the Ontario Securities Commission (“OSC”) announced a new order, Ontario Instrument 45-507 entitled “Self-Certified Investor Prospectus Exemption” (“OSC Order”), pursuant to which…

Oct 28, 2022

Here’s the Drill: A Reminder for Contractors: Are Your Invoices Actually “Proper”?

It has been a few years since the prompt payment rules in Ontario’s Construction Act were introduced to the province’s construction industry. One feature that is fundamental…

Oct 27, 2022

The Supreme Court of Canada Redefines Constructive Expropriation

The Supreme Court of Canada recently released its 5-4 decision in Annapolis Group Inc. v. Halifax Regional Municipality.[1] The split decision effectively redefines the test for proving…

Web Series: Leading Questions – Presented by WeirFoulds Women

Leading Questions is a web series that explores everyday legal issues, hot topics in business and professional development, and more. The series is hosted by Megan Mah…

Oct 14, 2022

Leave May Not Always Be Required to Appeal an Arbitral Costs Award

Parties to commercial transactions often choose arbitration over litigation. While litigation offers a more structured process, arbitration provides both parties with a tailored, more private, faster and…

Oct 3, 2022

Admit it: There’s a Role for Requests to Admit in Disciplinary Proceedings

The scenario is as frustrating as it is foreseeable. A regulator pursues allegations of professional misconduct against one of its members. Many, if not most of the…

Sep 20, 2022

A New Prospectus Exemption Intended for Smaller Issuers – The “Listed Issuer Financing Exemption”

Introduction On September 8, 2022, the Canadian Securities Administrators (“CSA”) announced that they have approved a new prospectus exemption under National Instrument 45-106 Prospectus Exemptions for issuers…

Sep 14, 2022

Enforcement of Judgments in Canada: Overview, Thomson Reuters

This question-and-answer guide is a practical overview of key issues concerning the enforcement of domestic and foreign judgements in Canada, including the legal framework, international conventions/agreements, enforceable…

Sep 13, 2022

WeirFoulds Technology Insights: “Canadian Privacy & Data Protection Regime”

Introduction In the broadest terms, privacy law regulates the collection, use and disclosure of personal information. As such, organizations that collect and use personal information must ensure…

Aug 26, 2022

Alberta Decision Holds Workplace Mask Requirement Does Not Amount to Constructive Dismissal

In a recent decision, Benke v Loblaw Companies Ltd., 2022 ABQB 461 (“Benke”), the Alberta Court of Queen’s Bench (the “Court”) dismissed a constructive dismissal claim brought…

Aug 15, 2022

Help Me Help You: Self-Represented Litigants in Professional Discipline Proceedings

The adversarial process assumes that litigants are represented by counsel: each party fends for themselves, an adjudicator maintains detached independence, and the truth emerges. In practice, that…

Aug 11, 2022

Modernizing Oral Examinations: Changes Are Coming to Rule 34

The Ontario Civil Rules Committee has issued a consultation paper and is seeking input on potential changes to Rule 34 of the Rules of Civil Procedure, RRO…

Aug 9, 2022

WeirFoulds Technology Insights: “Compliance and Security Standards”

Cybersecurity is one of the greatest threats facing modern businesses. As a result, it is important that organizations monitor, regularly assess, and audit compliance with their cybersecurity…

Jul 28, 2022

Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding

Earlier this year, the Ontario Superior Court of Justice released its decision in Obsidian Group Inc. v. Google LL, 2022 ONSC 84, in which Justice Morgan reviewed…

Jul 22, 2022

Employer Update: Paid COVID-19 Leave Extended in Ontario

As discussed in our previous article, on April 29th, 2021, the Ontario government introduced the COVID-19 Putting Workers First Act, which mandates paid sick days related to…

Jul 15, 2022

Canadian vs. U.S. Defamation Trials: What if Depp v. Heard Took Place in Canada?

The Depp-Heard trial, which dominated headlines for weeks, culminated in a decision awarding Johnny Depp $15 million for his lawsuit and Amber Heard $2 million for her…

Jul 13, 2022

A Caution from the Supreme Court of Canada on Institutional Delay: Lessons from Abrametz

In a much anticipated decision, the Supreme Court of Canada released its reasons in Law Society of Saskatchewan v. Abrametz last week – confirming that obtaining a…

Jul 12, 2022

WeirFoulds Technology Insights: “Dark Web: What’s Underneath the Internet”

Overview As data breaches have shown in recent years, the dark web can be utilized as a means to hack into organizations, compromising millions of people’s information.…

Jun 30, 2022

Proposed Changes to Canada’s Privacy Laws: What Organizations Need to Know

On June 16, 2022, Canada’s federal government introduced the Digital Charter Implementation Act (Bill C-27). This Bill, if passed into law, would update Canada’s federal private sector…

When is a Pollutant Not a Pollutant: Total Pollution Exclusions in Commercial General Liability Policies

On June 2, 2022, the SCC dismissed an application for leave to appeal from the Ontario Court of Appeal’s decision in Hemlow Estate v. Co-operators General Insurance…

Jun 29, 2022

Waksdale Strikes Back: Ontario Court of Appeal Overturns Rahman; Employee Sophistication Cannot Save Deficient Termination Clause

Recently the Ontario Court of Appeal in its decision Rahman v Cannon Design Architecture Inc., 2022 ONCA 451, confirmed that employee sophistication and involvement in negotiation of…

Jun 17, 2022

The Road to Settlement is Paved with Admissible Communications

In a decision released earlier this year, the Ontario Court of Appeal affirmed that “without prejudice” communications are admissible to prove the existence of a settlement, even…

Jun 7, 2022

Just Give Me a Reason: New Guidance on (Un)Reasonably Withholding Consent to Commercial Lease Transfers

Most commercial leases contain a provision which requires the tenant to seek consent from its landlord if the tenant wishes to assign the lease, sublet the leased…

Jun 1, 2022

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

Recent developments include: The publication of the draft Capital Markets Act for public consultation; The proposed consolidation of IIROC and MFDA and creation of a new investment…

May 27, 2022

Court of Appeal Dismisses Class Action Over Expiring Airline Credits

The British Columbia Court of Appeal recently overturned a lower court decision certifying a class action relating to WestJet travel bank credits (“WTB Credits”) and dismissed the…

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Leave May Not Always Be Required to Appeal an Arbitral Costs Award

Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding

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Publications

Get It in Writing: Ontario Court Upholds Termination for Cause Based on Written Employment Agreement and Clear Employee Expectations

Use of OM Exemption by Real Estate Issuers and Collective Investment Vehicles

The Cost of Stolen Time: B.C. Tribunal Provides Clarity on Employee Time Theft and Cause for Termination

Here’s the Drill: COCA’s Helpful Resource for Learning About Prompt Payment and Adjudication

WeirFoulds Technology Insights: Canada’s Crackdown on Crypto: An Overview of Cryptocurrency Regulation and Enforcement

Supreme Court of Canada: Arbitration agreements may be inoperative where ‘chaotic arbitral processes’ would compromise resolution of a receivership

Here’s the Drill: “Pay When Paid” Clauses in Subcontracts

Here’s the Drill: The New Owner-Architect Contract Released by the Ontario Association of Architects: the OAA 600-2021

Update on Those Damn Flipping Rules

Prospectus Exemption Intended for Individuals with Relevant Proficiency Requirements: The “Self-Certified Investor Prospectus Exemption”

Here’s the Drill: A Reminder for Contractors: Are Your Invoices Actually “Proper”?

The Supreme Court of Canada Redefines Constructive Expropriation

Web Series: Leading Questions – Presented by WeirFoulds Women

Leave May Not Always Be Required to Appeal an Arbitral Costs Award

Admit it: There’s a Role for Requests to Admit in Disciplinary Proceedings

A New Prospectus Exemption Intended for Smaller Issuers – The “Listed Issuer Financing Exemption”

Enforcement of Judgments in Canada: Overview, Thomson Reuters

WeirFoulds Technology Insights: “Canadian Privacy & Data Protection Regime”

Alberta Decision Holds Workplace Mask Requirement Does Not Amount to Constructive Dismissal

Help Me Help You: Self-Represented Litigants in Professional Discipline Proceedings

Modernizing Oral Examinations: Changes Are Coming to Rule 34

WeirFoulds Technology Insights: “Compliance and Security Standards”

Pre-Proceeding Service: Superior Court Clarifies the Rules on Service Prior to the Commencement of a Proceeding

Employer Update: Paid COVID-19 Leave Extended in Ontario

Canadian vs. U.S. Defamation Trials: What if Depp v. Heard Took Place in Canada?

A Caution from the Supreme Court of Canada on Institutional Delay: Lessons from Abrametz

WeirFoulds Technology Insights: “Dark Web: What’s Underneath the Internet”

Proposed Changes to Canada’s Privacy Laws: What Organizations Need to Know

When is a Pollutant Not a Pollutant: Total Pollution Exclusions in Commercial General Liability Policies

Waksdale Strikes Back: Ontario Court of Appeal Overturns Rahman; Employee Sophistication Cannot Save Deficient Termination Clause

The Road to Settlement is Paved with Admissible Communications

WeirFoulds Technology Insights: “Is Someone Following Me?” A Primer on Data Tracking

Just Give Me a Reason: New Guidance on (Un)Reasonably Withholding Consent to Commercial Lease Transfers

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

Court of Appeal Dismisses Class Action Over Expiring Airline Credits

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