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Publications

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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…

Health Care Ontario Article

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. 

Gravel and law books

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…

Judges Gavel

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.  

Jan 3, 2018

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

Infrastructure for Jobs and Prosperity Act, 2015 (“IJPA”) in section 6(2) sets out principles for the provincial government to regulate asset management planning for municipalities. On December 27, 2017, O. Reg. 588/17(the “Regulation”) under the IJPA was released.

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. 

Dec 7, 2017

Webinar Series: All About Shareholders

FEX members Caroline Abela, WeirFoulds LLP, and Jeff Noble, BDO hosted a three part webinar series focused on shareholder agreements.

WeirFoulds Securities Law Review

Our coverage is succinct and targeted to serve the needs of issuers and their advisors. For more detailed information on our service offerings, please visit us online…

Dec 6, 2017

Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors

Many mortgage enforcement actions proceed through Ontario courts every day. When mortgagees are not paid in accordance with the terms to which they have agreed with the mortgagor, they have a number of options open to them. These options include foreclosure and power of sale proceedings.

Dec 4, 2017

Divisional Court Offers First Interpretation of New Interim Suspension Powers Under the RHPA

Introduction In Rohringer v Royal College of Dental Surgeons of Ontario (2017),1  the Divisional Court issued its first decision applying the new interim suspension powers in the Regulated Health Professions…

Dec 1, 2017

Prudent Investor Legislative Provisions Update – Fourth

Earlier today the Ministry of Municipal Affairs advised that the regulation to be made under section 418.1 of the Municipal Act, 2001 will not come into effect on January 1, 2018. We understand that the Ministry plans to take additional time to consider the feedback that it received in respect of the summary of the proposed municipal prudent investor rules that the Ministry posted in the early part of October.

Nov 30, 2017

Race to “get a foot in the door” of the recreational cannabis industry raises potentially legal issues

Canadian cannabis producers are in a race to increase their size and gain capital ahead of Canada’s planned recreational cannabis legalization in July 2018. The recent dueling takeover bids involving a trio of domestic cannabis companies is proof of the jockeying that is currently going on in the industry.

Nov 21, 2017

Make a Will Month provides an annual checkup for lawyers and the public

According to a 2012 survey conducted by lawyers’ insurance company LawPRO, 56 per cent of Canadian adults do not have a signed will and 71 per cent do not have a signed power of attorney. The Ontario Bar Association hopes to tackle this issue during Make a Will Month, a public outreach campaign aimed at educating the public about the importance of executing a will and powers of attorney and informing the public about the ways in which lawyers can assist in estate planning.

Revisiting First Principles Applicable to Motions for Leave to Intervene in Class Proceedings

In Romeo v. Ford Motor Co.,[1] a recent decision of the Ontario Superior Court of Justice, Justice E.M. Morgan considered the principles applicable to a motion to intervene in…

Nov 20, 2017

Third Edition of the U.S. Sedona Principles and Ongoing Developments in Electronic Discovery

Last month, the Sedona Conference announced the publication (forthcoming in 2018) of the third edition of The Sedona Principles: Best Practices, Recommendations & Principles for Addressing Electronic Document Production (the “Principles”), and released a “Final/Prepublication Version”. The Principles were developed by the Sedona Conference Working Group on Electronic Document Retention and Production, and represent a set of core principles and best practice recommendations for production of electronic information in litigation. The Principles and extensive commentary to the Principles have been updated twice since their first publication in January 2004 to reflect the continuing developments in technology, the increasing proliferation of electronic documents, the practical issues encountered in litigation, as well as the developments in the law that are often driven by these very factors.

Nov 8, 2017

Justification, Transparency and Intelligibility: From Beginning to End

Recent case law has stressed the importance of regulatory tribunals ensuring that their processes be transparent and intelligible, from beginning to end: from the establishment of clear allegations in discipline proceedings to the writing cogent reasons for decisions.

Nov 7, 2017

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

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…

Security for Appeal Costs: Litigation Tactics Through the Holistic Lens

In Yaiguaje v. Chevron Corporation, 2017 ONCA 827, a panel of the Ontario Court of Appeal recently reversed, in short order, a decision of one of its members…

Nov 3, 2017

The Supreme Court of Canada Holds Banks Liable for Conversion: Teva Canada Ltd. v. TD Canada Trust

On October 27, 2017, the Supreme Court of Canada released its decision in Teva Canada Ltd. v. TD Canada Trust.1 The Court split 5:4 in the decision to overturn…

Oct 19, 2017

Government Backtracks on Anti-Surplus Stripping Proposals, and Looks to Develop Alternative Proposals

Happily, on October 19, 2017, the Federal Government announced it is not proceeding with yet another measure in its July 18 proposals this time, the anti-surplus stripping…

Oct 18, 2017

Proposed Tax Measures to Limit Deferral Benefits of Acquiring Passive Investments in Private Corporations

On October 18, 2017, the Federal Government announced its intention to introduce measures to limit the deferral advantage associated with a private corporation using active business income to make…

Oct 16, 2017

Government Backtracks on Certain Income Tax Proposals Impacting Private Corporations and their Shareholders

On October 16, 2017, the Federal Government announced its intention to lower the small business tax rate from 10.5% to 10 per cent, effective January 1, 2018,…

Motions for Partial Summary Judgment: Proceed with Caution

In Hryniak v Mauldin, the Supreme Court of Canada held that a summary judgment motion is appropriate if: (i) it can achieve a fair and just adjudication; and (ii) it provides a process that allows the judge to make the necessary findings of fact, apply the law to those facts, and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial.

Oct 11, 2017

Chambers Global Practice Guide: Cartels 2018 Canadian Chapter

WeirFoulds Competition Practice Group contributed the Canadian chapter to Chambers Global Practice Guide: Cartels 2018.

Prudent Investor Legislative Provisions Update – Third

On Monday, October 10, 2017 the Ministry of Municipal Affairs posted on Ontario’s Regulatory Registry a summary of proposed regulatory changes under the Municipal Act, 2001 and the City of…

Oct 10, 2017

Bill 160: Major Initiatives of the Ministry of Health and Long-term Care

On September 27, 2017, the Ontario Government introduced for first reading Bill 160, Strengthening Quality and Accountability for Patients Act, 2017, one of the most far-reaching omnibus bills…

Court of Appeal Affirms Full Indemnity Costs Award

In Net Connect Installation Inc. v. Mobile Zone Inc., 2017 ONCA 766 , a decision released on September 29, 2017, the Court of Appeal articulates the standard of conduct…

Oct 4, 2017

ONCA considers the “reasonable investigation” defence in securities class actions

The Ontario Court of Appeal recently released its decision in Rahimi v SouthGobi Resources Ltd., 2017 ONCA 719, in which it reversed a well-publicized Superior Court securities class action decision.

Oct 2, 2017

The continuing saga in Yaiguaje v. Chevron Corporation: a lesson in security for costs and the enforcement of foreign judgments

The judicial history in Yaiguaje v. Chevron Corporation spans several jurisdictions and dates back to the early 1990s, while the facts underlying the dispute date back to the 1960s. The matter has reached appeal courts, including the Supreme Court of Canada, and has prompted a review of several issues relevant to the conduct of business internationally, including the enforcement of foreign judgments and piercing the corporate veil.

Sep 29, 2017

Beware: Proposed Tax Changes May Require you to Act Now

In a prior Client Alert, we summarized tax proposals released on July 18th, 2017 that will, if enacted as proposed, significantly change the tax rules for private corporations…

Sep 26, 2017

Crisis and Social Media

Whenever there is a significant public crisis such as Hurricane Harvey, people turn to the social web, usually Twitter, to gather news, offer help, express irritation, and berate…

Sep 25, 2017

Prudent Investor Legislative Provisions Update – Second

Further to our update of September 14, 2017, the changes to the Municipal Act regarding prudent investment have not yet been proclaimed in force. We are monitoring…

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