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Aug 3, 2018

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

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…

The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.

In Di Gregorio v Sunwing Vacations Inc.[1], the Court of Appeal allowed an appeal from the decision of a motion judge dismissing the appellants’ claim based on…

Jul 26, 2018

Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada

In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal recently examined whether there was a bar to subrogation in…

Jun 26, 2018

Partial Settlements and Other Litigation Agreements in Multi-Party Actions: The Peril of Non-Disclosure

A recent decision of the Ontario Court of Appeal provides a stark reminder that when a partial settlement or other litigation agreement is reached in multi-party litigation,…

Jun 19, 2018

Libel Tourism and Forum Shopping: The Supreme Court of Canada Applies the Van Breda Test to an Internet Defamation Claim

In Haaretz.com v. Goldhar,[1] a decision released on June 6, 2018, the Supreme Court of Canada confronted the array of thorny analytical and practical issues raised by…

Jun 15, 2018

What You Need to Know about Police Record Checks

If you’re like me and had all but forgotten about the new Police Record Checks Reform Act, 2015,[1] you are forgiven – you’re not the only one.…

Jun 7, 2018

Update to Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

On April 13, 2017, the Federal Government introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other…

Jun 5, 2018

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

Originally published by WeirFoulds LLP, November 2017. Reprinted in Institute of Municipal Assessors, Spring 2018. Introduction: Bill 174 In order to meet the federal government’s July 1,…

May 30, 2018

An end to the enforcement saga? Yaiguaje v. Chevron Corporation and the Preservation of the Corporate Veil

In its recent decision in Yaiguaje v. Chevron Corporation, 2018 ONCA 472, the Court of Appeal clarifies the interpretation of the Execution Act, R.S.O., 1990, c. E.24, and reiterates…

May 24, 2018

No Family Resemblance Here: Tiffin Overturned on Appeal

Securities regulators must be breathing a sigh of relief. An earlier decision in Ontario Securities Commission v Tiffin1 was the cause of no small amount of consternation…

Is Your RAQ Ready? 2018 Risk Assessment Questionnaire (RAQ) Due Dates are Coming Up

The Ontario Securities Commission (OSC) conducts examinations of registrant firms with respect to their compliance with regulatory requirements. The OSC gathers information about each firm including as…

May 22, 2018

The Mareva Injunction: A “vital arrow” for fraud victims, according to Ontario’s Divisional Court

In a recent decision, Ontario’s Divisional Court reviewed the requirements for succeeding in obtaining a Mareva injunction, and, more importantly, reaffirmed the importance of such an injunction in fraud…

May 17, 2018

Backtrack on Bill 148: Changes to Calculating Public Holiday Pay for Employers in Ontario

On May 7, 2018, the Ontario government announced that the Ontario Ministry of Labour will conduct a review of the public holiday system under Part X of…

AML Update: Looking Ahead in 2018: Investment Funds Bulletin

The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) provides for there to be a review by Parliament of the administration and operation of the Act every…

May 4, 2018

British Overseas Territories Faced with Push for Transparency by UK Government

On 1 May 2018, the UK Government accepted an amendment to the Sanctions and Anti-Money Laundering Bill, which now heads back to the House of Lords. The amendment…

May 3, 2018

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

On April 30, 2018, the Court of Appeal for Ontario released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc., 2018 ONCA 407, reversing a decision…

Apr 24, 2018

A Caution about Cautions, SCERPs and Remedial Programs – The Impact of Publication

“…Health regulatory colleges should consider the effect of public disclosure of ICRC1 screening outcomes on their own decision-making. Traditionally, screening outcomes have been viewed as educational. In upholding…

Apr 23, 2018

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

Two decisions have been recently issued in respect of the claims brought by the investment management firm Catalyst Capital Group Inc. following its unsuccessful efforts to acquire…

Apr 9, 2018

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

Background, Purpose, and Implementation of the New Lease1 Building on its 2017 expansion of rent control to all residential units and the City of Toronto’s recent registration…

Apr 4, 2018

Procuring Infrastructure Public Private Partnerships Report 2018 – The World Bank

WeirFoulds Partners Brad McLellan, Dan Ferguson, Heather Douglas and Associate Linda Malicki listed as Canada contributors in the recently published Procuring Infrastructure Public-Private Partnerships Report 2018.

Apr 2, 2018

The Independence of Expert Witnesses

Although the proposition that an expert should be independent has always been accepted wisdom, the requirement that an expert be independent has only recently been mandated by…

Mar 19, 2018

Powers of Outgoing Municipal Councils in an Election Year – Reminder

As you know, regular municipal elections are to be held on the fourth Monday in October. This year’s municipal election will take place on Monday, October 22,…

Mar 5, 2018

Proposed Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

On April 13, 2017, the Federal Government introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other…

Mar 1, 2018

New Investment Powers: Prudent Investor Standard and Legal List Amendments

1. NEW PRUDENT INVESTOR STANDARD Prudent Investor Regime Section 418.1 of the Municipal Act, 2001 (the “Act“) that authorizes municipalities (other than the City of Toronto) to opt into…

New Investment Powers: Prudent Investor Standard and Legal List Amendments

1. NEW PRUDENT INVESTOR STANDARD Prudent Investor Regime Section 418.1 of the Municipal Act, 2001 (the “Act“) that authorizes municipalities (other than the City of Toronto) to opt into…

Feb 15, 2018

Frozen but Available: The Limits of a Mareva Injunction

In the recent decision Trade Capital Finance Corp. v Cook, the Ontario Court of Appeal considered a claim of a non-party creditor over the defendant’s funds that were…

Feb 14, 2018

Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland

In a long-awaited decision released on January 29, 2018, a 3-judge panel of the Ontario Court of Appeal unanimously upheld a Divisional Court decision confirming the rights…

Jan 30, 2018

What You Need to Know – Legislative Updates for Delivery of Health Care in Ontario

The Ministry of Health and Long-Term Care was exceptionally busy in the last couple of months. The purpose of this bulletin is to provide you an update on some significant initiatives that were completed by the Government as of January 1, 2018 and to make educated guesses on what we might see in the months ahead.

Jan 16, 2018

Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal

In the April, 2017 case of Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293, the Ontario Court of Appeal had occasion to revisit an issue that…

Jan 8, 2018

Equity Rules the Day: The Supreme Court of Canada Clarifies the Tenets of Proprietary Estoppel

In December 2017, the Supreme Court of Canada released its decision in Cowper-Smith v. Morgan, 2017 SCC 61, a case dealing with the issue of proprietary estoppel. While the facts of this case are borne out of circumstances relating to an estate, the law as set out by the Supreme Court can be equally applied in the context of commercial litigation in relation to promises made in a commercial context.

Dec 22, 2017

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

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.

Dec 8, 2017

International Anti-Corruption Day: 9 December

International Anti-Corruption Day has been recognized on an annual basis since the passage of the United Nations Convention against Corruption which Canada has ratified in 2003. This year, International Anti-Corruption Day falls on 9 December 2017.

“Entrepreneurial” Class Plaintiff Hit With $1 Million Costs Award

In Yip v. HSBC Holdings plc, a decision released on November 20, 2017, Justice Perell awarded partial indemnity costs of $1 million to defendants that had succeeded, on jurisdictional and forum conveniens grounds, in defeating a proposed shareholder class action.

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The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.

Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

Frozen but Available: The Limits of a Mareva Injunction

Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland

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Publications

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

The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.

Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada

Partial Settlements and Other Litigation Agreements in Multi-Party Actions: The Peril of Non-Disclosure

Libel Tourism and Forum Shopping: The Supreme Court of Canada Applies the Van Breda Test to an Internet Defamation Claim

What You Need to Know about Police Record Checks

Update to Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

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

An end to the enforcement saga? Yaiguaje v. Chevron Corporation and the Preservation of the Corporate Veil

No Family Resemblance Here: Tiffin Overturned on Appeal

Is Your RAQ Ready? 2018 Risk Assessment Questionnaire (RAQ) Due Dates are Coming Up

The Mareva Injunction: A “vital arrow” for fraud victims, according to Ontario’s Divisional Court

Backtrack on Bill 148: Changes to Calculating Public Holiday Pay for Employers in Ontario

AML Update: Looking Ahead in 2018: Investment Funds Bulletin

British Overseas Territories Faced with Push for Transparency by UK Government

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

A Caution about Cautions, SCERPs and Remedial Programs – The Impact of Publication

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

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

Procuring Infrastructure Public Private Partnerships Report 2018 – The World Bank

The Independence of Expert Witnesses

Powers of Outgoing Municipal Councils in an Election Year – Reminder

Proposed Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

New Investment Powers: Prudent Investor Standard and Legal List Amendments

New Investment Powers: Prudent Investor Standard and Legal List Amendments

Prudent Investor Legislative Provisions Update – Fifth

Frozen but Available: The Limits of a Mareva Injunction

Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland

What You Need to Know – Legislative Updates for Delivery of Health Care in Ontario

Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal

Equity Rules the Day: The Supreme Court of Canada Clarifies the Tenets of Proprietary Estoppel

Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure

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

International Anti-Corruption Day: 9 December

“Entrepreneurial” Class Plaintiff Hit With $1 Million Costs Award

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