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Publications

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Sep 21, 2017

Primer on Permanent, Mandatory and Interlocutory Injunctions

(1) OVERVIEW [1] Injunctions are extraordinary remedies.  Given their equitable nature, they are very flexible and an invaluable tool for litigators.  An interlocutory injunction, if granted, can have a…

Sep 14, 2017

Prudent Investor Legislative Provisions Update

We have been advised by a communications official at the Ministry of Municipal Affairs that the prudent investor provisions under the Municipal Act, 2001 (the “Act”) are expected to be proclaimed in force next week (no reference however to the relevant regulations).

Sep 13, 2017

Back to Basics: A Refresher on the Fundamentals of Contractual Interpretation

As the new school year kicks off, the Ontario Court of Appeal’s recent decision in RBC Dominion Securities Inc. v. Crew Gold Corporation, 2017 ONCA 648 serves as a handy study guide for lawyers looking to brush up on Contracts 101.

Sep 1, 2017

Litigation & Dispute Resolution module

WeirFoulds Partner Marie-Andrée Vermette and Associates, Megan Mah, Anastasija Sumakova and Kayla Theeuwen are contributors to the Lexis Practice Advisor Canada, Litigation & Dispute Resolution module. The guide was developed to…

Aug 28, 2017

“Umbrella Damages” Forecast for Canada: Cross Border Sellers Beware

WeirFoulds partner Nikiforos Iatrou and associate Kayla Theeuwen contributed to the Aug/Sept issue of Today’s General Counsel with their article, “‘Umbrella Damages’ Forecast for Canada: Cross-border sellers beware “. The article examines divergent views on the issue of whether umbrella purchasers have a cause of action at Canadian law, and, as a result, identifies that a storm of umbrella damage claims may be in the forecast.

Aug 25, 2017

With or Without Prejudice?

A recent court decision in Ontario reminds us of the significant implications when communications are characterized as having been made “without prejudice”. Such communications are generally precluded from being disclosed or referred to in any subsequent court proceedings. In contrast, no disclosure restrictions are imposed on communications falling outside the without prejudice classification. It is important for parties and their legal advisors to keep the distinction in mind at the time a communication is made.

Aug 1, 2017

21st Century Estate Practice: Shrunken heads and sperm

Hollywood’s vision of an estate solicitor sitting at their desk mulling fine points of tax law while sipping tea and drafting a will is so far from modern practice as to be laughable. One troubling issue for estate practitioners in the 21st century is the plethora of unique assets that have to be planned for, administered, and/or disposed of in a safe and permissible manner. An unscientific survey of our colleagues’ experiences yields some useful tips for dealing with unusual assets.

Jul 25, 2017

Keeping it in the Family: A Recipe for Trouble for Corporations, a Recipe for Disaster for Expert Witnesses

Closely held corporations do not operate pursuant to a different statute than widely held corporations. Generally speaking, all corporations created pursuant to the same business corporation statute – whether controlled by a sole director, officer and shareholder, a 20-member board of directors or 100 shareholders pursuant to a Unanimous Shareholders’ Agreement – have the same governance obligations and responsibilities. 

Jul 21, 2017

Sweeping Tax Proposals to Impact Private Corporations, Their Shareholders (including Family Trusts) and Post-Mortem Tax Planning

On July 18, 2017, becoming or staying an employee (particularly a government employee) became more attractive.  That is the date the Trudeau government released the consultation paper…

Jul 13, 2017

Personal Liability of Directors in Oppression Cases: The Supreme Court Clarifies the Applicable Criteria in Wilson v Alhareyeri

In Wilson v Alharayeri, 2017 SCC 39, released on July 13, 2017, the Supreme Court of Canada affirms the decisions of the lower courts holding two directors…

Jul 12, 2017

Voulez-vous… Legal Services in French?

WeirFoulds litigation partner Marie-Andrée Vermette is a contributor to the July 2017 edition of Advocacy Matters, one of the newsletters produced by The Advocates’ Society.

Jul 10, 2017

“Wealth Planning for Personal Equity Plans (PEPs) and “High Risk” Clients: Risks and Challenges

Please click here to access the Summer 2017 ABA-SIL IPCC Newsletter.

“Investing in Justice: Expanding the Litigation Funding Industry to Estates and Trust Litigation

WeirFoulds partner Caroline Abela co-authored an article for the Ontario Bar Association’s Trust and Estates Law section. The article addresses the potential use and appropriateness of third party…

Jul 6, 2017

Pumping the Brakes: New Regulations Aim to Limit the Impact of Short-Term Rentals in Toronto

The rise of the “sharing economy” has spawned many new industries, but perhaps one of the most prominent (together with ride sharing) has been the explosion in “vacation rental by owner” services, led most prominently in Canada by Airbnb. These short-term rental platforms operate worldwide, generally without regulation. The City of Toronto (the “City”), however, is seeking to change this trend. On June 12, the City’s Municipal Licensing and Standards division released a number of proposed regulations that could seriously impact the short-term rental market in Toronto. These regulations aim to increase the availability of permanent affordable rental housing by curbing the number of short-term rentals available, especially in the downtown core.

Jun 21, 2017

Rule of Law and the Ethical Lawyer

ICJC members are often required to distill everyday questions of law and practice through a prism of rule of law. We ask ourselves: would the proposed solution or decision advance or harm the rule of law in this country?

Jun 20, 2017

Bill 139, Building Better Communities and Conserving Watersheds Act, 2017

On May 30, 2017, Bill 139 passed first reading. Bill 139 would, among other things, continue the Ontario Municipal Board (“OMB”) under the new name “Local Planning Appeal Tribunal” (“LPAT” or “Tribunal”), and amend the Planning Act to revise the jurisdiction and authority which the OMB had previously exercised.

Jun 12, 2017

A Warning to Contractors and a Lesson for Regulators: Enforcement and Penalties Under the Consumer Protection Act

Virtually every regulator engages in some form of consumer protection. Concerns relating to false billing, misleading advertising, and the failure to deliver products and services can be found in nearly every regulatory statute. The vigour with which regulators seek the most serious remedies relating to these consumer protection issues is, however, quite variable. In some cases, the media has criticized regulators for not revoking a registrant’s registration when they have been found guilty of professional misconduct for false or misleading billings.

Jun 11, 2017

The New Construction Act: Coming to a Jobsite Near You

For many years construction industry groups have been demanding changes in the law about payment on construction projects and how disputes are resolved.  In response, the Attorney-General…

Jun 8, 2017

Canada’s Anti-Spam Law Update: Private Right of Action Suspended

A private right of action under Canada’s Anti-Spam Law (CASL) was scheduled to become law on July 1, 2017 (see recent WeirFoulds Newsletter, Canada’s Anti-Spam Law has New Teeth…

Jun 2, 2017

Canada’s Anti-Spam Law has New Teeth on July 1, 2017

On July 1, 2014, Canada’s Anti-Spam Law (CASL) became law. Since that date the Canadian Radio-television and Telecommunications Commission (CRTC) has been responsible for enforcing CASL regarding e-mails and other electronic messages, and many organizations have struggled to understand CASL and comply with it.

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