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Publications

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Jan 9, 2017

No Bidding Around: The Competition Bureau Targets Bid-Riggers in 2017

Over the past few years, we have written and presented extensively about how Canada’s Competition Bureau has cracked down on price-fixing and bid-rigging in Canada’s construction industry.…

regulatory-compliance

Dec 14, 2016

The Intersection Between Form and Substance in Corporate Law

In its recent decision in Mennillo v. Intramodal inc., 2016 SCC 51 (“Mennillo“), the Supreme Court of Canada addressed, for the first time since 2008, the oppression…

Dec 5, 2016

Parental Recognition and Proposed Amendments to Ontario Legislation: Part 2

In February 2016, we wrote about the Cy and Ruby’s Act (Parental Recognition), 2015, which proposed a number of amendments to statutes dealing with parental recognition[1]. We noted…

Nov 23, 2016

New Record Keeping Requirements for Ontario Corporate Land Owners

On December 10, 2016, amendments to various statutes in Ontario will come into force with some significant changes relating to record keeping obligations for Ontario corporations regarding…

Featured Image

Nov 14, 2016

Don’t Let Your Development Go to Pot! Tips for Leasing to Marijuana Retailers

While anti-drug activists continue to do a slow burn, Prime Minister, Justin Trudeau’s Liberal government is (leisurely) marching forward on carrying out one of its most well-publicized…

Oct 27, 2016

Sexual Abuse Task Force Recommendations: Why All Professional Regulators Should Pay Attention

On September 9, 2016, the Ministry of Health and Long-Term Care (Ministry) released the recommendations of the Minister’s Task Force (Task Force) on the Prevention of Sexual…

Oct 3, 2016

Toronto Ponders Controversial New Parking Tax to Help Balance City Books

Counsel advising shareholders of private corporations need to pay careful heed to the Ontario Court of Appeal decision in Frye v. Frye Estate.

security lock

Sep 30, 2016

National Cyber Security Awareness Month: 10 Tips For Businesses

October is national Cyber Security Awareness Month. Here are 10 cybersecurity tips for businesses.

National Cyber Security Awareness Month: 10 Tips For Businesses

October isnational Cyber Security Awareness Month. Here are 10 cybersecurity tips for businesses.

Sep 29, 2016

Regulating Utility Governance: An Analysis of the Ontario Energy Board’s Role

Regulating Utility Governance: An Analysis of the Ontario Energy Board’s Role The Ontario Energy Board has announced its intention to conduct a consultation respecting its role in…

Sep 27, 2016

The RHPA’s “blanket provision”: protecting professional self-regulatory colleges from human rights complaints

In a recently released decision, Dindial v. College of Nurses[1], the Human Rights Tribunal of Ontario (“HRTO”) dismissed an application by a registered nurse alleging that she…

Sep 7, 2016

Contempt and Bankruptcy: Striking the Right Balance

In its recent decision in Walchuk v Houghton, 2016 ONCA 643, the Court of Appeal for Ontario clarified the interaction between the stay provisions of the Bankruptcy and Insolvency Act (BIA) and motions for contempt of court orders.

Aug 19, 2016

The Implications of Bill C-14, Medical Assistance in Dying from an Estates Law Perspective

On June 17, 2016, Bill C-141 came into force, creating a federal regulatory framework for medical assistance in dying (“MAID”) under the newly enacted subsection 241.2 of…

Jul 25, 2016

Case Commentary: Ontario Court of Appeal Delivers Stern Message to Employers Who Mistreat Employees with Disabilities

The recent court decision in Jaffary v. Greaves highlights key ambiguities in Ontario’s Municipal Conflict of Interest Act.

WeirFoulds Securities Law Quarterly: Concise, Informative Updates on Securities Law Developments for the Canadian Marketplace – Q2 2016

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…

Jun 30, 2016

Don’t Turn the Boom Into a Bust: Avoiding the Criminal Consequences of Public Procurement

In a recent interview with the Globe and Mail, Canada’s Commissioner of Competition, John Pecman, said that the Competition Bureau is planning to double the number of…

Jun 27, 2016

Municipal and Planning Law Update: Bill 73 – Changes to the Planning Act

Bill 73 – Changes to the Planning Act In March 2015, we reported on the Province’s first reading of Bill 73 Smart Growth for Our Communities Act,…

Jun 24, 2016

Non-Resident Employer Certification Regime: Withholding Relief for Non-Resident Employers and Employees

INTERNATIONAL TAX LAW UPDATEOn June 23, 2016, Budget Implementation Act, 2016, No. 1 received Royal Assent, which among other things, enacts a non-resident employer certificate regime that may be of interest to employers sending employees to Canada.

Jun 14, 2016

The Functus Officio Doctrine: Food for Regulatory Fodder

Consider the following hypothetical: The “Vetting Committee”[1] of a professional regulator refers specified allegations of professional misconduct against a member to the Discipline Committee. After the Notice…

Jun 13, 2016

Premises Damaged by Fire? Don’t Be Left Holding the Bag

An Appellate Review of Insurance and Indemnity Clauses in a Commercial LeaseIn an article from January 2015, we cautioned landlords and tenants to pay particular attention to…

Jun 9, 2016

Levelling the Playing Field: CCES Guidance for Creating Inclusive Environments in Sports

The treatment and legal protection of the transgender community has become an increasingly important topic globally. In North America, a recent North Carolina law requiring people to…

Jun 3, 2016

The Benefits of Brightfields Developments for Municipalities

The increasing viability and importance of distributed energy resources, and the content of the provincial government’s policies on climate change, make the use of brownfields sites for brightfields developments a compelling option for municipalities.*

May 31, 2016

What’s New in the World of Asset Management Planning?

“Bankruptcy” is commonly used to describe a number of legal situations involving a tenant’s financial distress.

May 17, 2016

Case Commentary: Supreme Court Tightens Standard of Review for Contract Interpretation

Following upon the recent decision of the Supreme Court of Canada in Heritage Capital Corporation v. Equitable Trust, 2016 SCC 19, it will be significantly more difficult…

May 16, 2016

The Challenges and Benefits of Distributed Energy Resources (DER) for Municipalities

The growing interest in, and deployment of, distributed energy resources (“DER”) has been thought to be of interest, albeit for different reasons, primarily to consumers and to local electricity distribution utilities. However, DER has important implications for municipalities, both in their capacity as the owners of those distribution utilities and as a means to promote both conservation and the development of contaminated properties.

May 11, 2016

Panama Papers and Offshore Accounts: Window of Opportunity to Make a Voluntary Disclosure Closing

Canadian residents are required to report worldwide income. Furthermore, Canadian residents are generally required to annually file a special information return for any year that they held, at any time in that year, “specified foreign property” that had a cost exceeding $100,000. A failure to report such income or file any such return makes the Canadian resident liable to significant penalties (for which interest accrues daily) and potentially open to criminal prosecution.

Apr 27, 2016

Corporate Governance for Municipally-Owned Local Electricity Distribution Utilities

Local distribution electricity utilities (“LDCs”) have been a source of stable and predictable income for their municipal owners. That is in large measure a result of the fact that LDCs are providing a monopoly service overseen by a regulator charged with the obligation, among other things, to ensure the stability of the LDCs.

Apr 26, 2016

Interpreting a Regulator’s Jurisdiction to Award Costs: Lessons from Registrar REBBA v. Jolly

WeirFoulds recently acted as Amicus Curiae in a judicial review involving the interpretation of a regulator’s jurisdiction to award costs. Although the case focused on the particular statutory framework applicable to the Appeals Committee of the Real Estate Council of Ontario (“RECO”), the case contains important lessons for other regulators.

Mar 31, 2016

WeirFoulds Securities Law Quarterly: Concise, Informative Updates on Securities Law Developments for the Canadian Marketplace – Q1 2016

Concise, Informative Updates on Securities Law Developments for the Canadian Marketplace Our coverage is succinct and targeted to serve the needs of issuers and their advisors. For…

Mar 29, 2016

Alternative Dispute Resolution: An Alternative to an OMB Hearing?

Developers and builders working in the GTA know that the process to get projects approved has become more complex, expensive, lengthy and uncertain. Anything that attempts to ease these stresses is a welcome relief.

Mar 28, 2016

B.C. Court of Appeal Upholds Regulatory College’s By-laws

The British Columbia Court of Appeal’s recent decision in Sobeys West Inc. v. College of Pharmacists of British Columbia[1] is an important decision for regulators in two respects. First, it recognizes the latitude regulators ought to be given when enacting by-laws. Second, it clarifies the nature of the evidence that regulators will need to provide when their by-laws are challenged on judicial review. On the whole, the decision comes as a welcome confirmation of the deference that courts will show to regulators when they enact by-laws in the bona fide exercise of their authority.

Feb 23, 2016

Regulators Breathe a Sigh of Relief: Registration of Foreign-Trained Professionals

In a recent decision, Justice Ross of the Court of Queen’s Bench of Alberta considered whether a foreign-trained engineer’s human rights had been violated by the Association of Professional Engineers and Geoscientists of Alberta (the “Association”) when it required him to fulfil certain requirements before he could register as a professional engineer in that province.

Feb 11, 2016

Estate Alert – Proposed Amendments to Ontario Legislation in Respect of Parental Recognition

Bill 137 – An Act to amend the Children’s Law Reform Act, the Vital Statistics Act andother Acts with respect to parental recognition, which is also known as Cy and Ruby’s Act (Parental Recognition), 2015 – proposes a number of amendments to the statutes dealing with parental recognition.

Feb 8, 2016

Client Update – February 2016

Following on our earlier client updates from May 1, 2013 there have been signs of movement on a tax on all off-street parking spaces on commercial properties…

Feb 2, 2016

Vacant Spaces: Challenges in the Economic Climate

In the challenges facing landlords in the current economic and market conditions, the municipal tax treatment of vacant space is not to be forgotten as some relief available for the carrying costs of vacant space. The Municipal Act, 2001 and the City of Toronto Act, 2006 both require vacancy rebates to be provided for eligible commercial and industrial premises.

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