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Jan 26, 2015

Quiz: An Obligation to Negotiate a Lease in Good Faith

Effective negotiation is an integral part of coming to terms on all types of agreements. Depending on the negotiating power of the parties, it typically involves some…

The ICRC’s Power to Order an Independent Medical Examination: The Ontario Divisional Court’s Decision in Iacovelli v. College of Nurses of Ontario

The recent Divisional Court decision of Iacovelli v. College of Nurses of Ontario¹ discusses the significant power of the Inquiries, Complaints and Reports Committee (“ICRC”) of a health regulatory College to order an independent medical examination.

Jan 23, 2015

A Year in Review: The Far Reach of the IRS in Canada Foreign Account Tax Compliance Act

In February 2014, the Government of Canada and the Government of the United States entered into an intergovernmental agreement (“IGA“). The IGA allows Canadian financial institutions to…

Jan 21, 2015

Important Amendments to Ontario’s Estate Administration Tax Act

Back in 2012, we published an article forewarning about the proposed changes to the Estate Administration Tax Act in Bill 173 (Better Tomorrow for Ontario Act (Budget…

Jan 6, 2015

Canada’s Broader Anti-Spam Law: US Communications Are at Risk

WeirFoulds Partner Debbie Tarshis breaks down therecommendations in the recent released report from theMinister’s Task Force on the Prevention of Sexual Abuse of Patients and theRegulated Health Professions Act, 1991 andexplains why they affect all professional regulators.

Dec 31, 2014

“Litigating Through the Grey Zone: The Law of Testamentary Capacity” in Annual Review of Civil Litigation 2014

Cited in: David v. TransAmerica, 2015 ONSC 5192 INTRODUCTION It is estimated that approximately 44 million people around the world suffer with some form of dementia. By…

Dec 10, 2014

Tactical summons barrage leads to big indemnity

The case of Opara v. Opara [2014] O.J. No. 4555 provides an example of hotly contested estate litigation involving a disappointed family member who will take the…

Dec 8, 2014

Quiz: Voluntary Disclosure Program

The Canada Revenue Agency’s Voluntary Disclosures Program (VDP) gives taxpayers a way to voluntarily come forward to put their tax affairs in order and correct past non-compliance.…

A Leap of Good Faith? Practical Implications of the Supreme Court of Canada’s Decision in Bhasin v. Hrynew for Contracting Parties

In Bhasin v. Hrynew, the Supreme Court of Canada recognized a new general duty of honesty in contractual performance. Writing for the unanimous Court, Justice Cromwell stated…

Dec 5, 2014

M.H. v. College of Nurses of Ontario

Regulatory colleges must review accommodation requests from individuals with disabilities within the context of their public protection mandate. The Ontario Human Rights Code (Code) requires that they…

Nov 27, 2014

Tort Liability at Home for Alleged Wrongs Abroad: The Common Law Goes Extraterritorial?

Contemporary anti-corruption and bribery legislation is distinguished by its extraterritorial reach to conduct abroad conduct which may indeed be lawful and/or expected as a condition of…

Oct 9, 2014

Preservation, Patience and Persistence: The Dilemmas of a Litigator in Estates

In Re Estate of Ireni Traitses,1 Justice David Brown raised the issue of a cost-effective procedure when dealing with a “one house will fight”. Quite often, the…

An Unappealing Proposal: An Obligation to Negotiate in Good Faith?

Suppose for a moment that in negotiating a lease, the landlord was required to tell a prospective tenant that it had received no offers in the last…

Oct 6, 2014

Quiz: Land Use Planning Reform

A Development Permit Sysytem combines the zoning, site plan, and minor variance processes into one application and approval process. Through area-wide studies and community consultation, new development…

Sep 30, 2014

Katsoulakos v Association of Professional Engineers of Ontario

The Divisional Court’s recent decision, Katsoulakos v Association of Professional Engineers of Ontario, raises two important issues for professional self-regulatory bodies in respect of the degree to…

Sep 29, 2014

Client Newsletter – Fall 2014

Welcome to the Fall 2014 edition of our Client Update Newsletter. Here we provide you with articles on recent developments in business law from a WeirFoulds perspective,…

Aug 20, 2014

“Canada” in Global Legal Insights – Litigation & Dispute Resolution 3rd Ed.

Efficiency and integrity of the Canadian courts The cornerstone of the Canadian legal system is based on two principles: (1) the rule of law; and (2) the…

Aug 2, 2014

Quiz: E-Discovery

E-discovery opens a virtual Pandora’s Box of digital information that can be searched, processed and reviewed, but that can also be deleted or altered if we are…

Jul 28, 2014

Development in Toronto: New Employment Policies, Appeal Authority and Approval Process

On July 9th, the Province issued its Notice of Decision respecting the City of Toronto’s Official Plan Amendment No. 231 (OPA 231). OPA 231 deals with the…

Jun 11, 2014

Quiz: Canada’s Anti-Spam Legislation

As of July 1st Canada’s new anti-spam law will apply to “commercial electronic messages,” express or implied consent of the recipient will be required, and CEMs will…