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Publications

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Dec 15, 2015

Proposed Changes to Ontario’s Health Privacy Laws

Proposed Changes to Ontario’s Health Privacy Laws – What do they mean for Regulators?

Dec 2, 2015

Securities Law Newsletter – Q4 2015

A Newsletter Providing Concise Updates on Securities Law Developments Our coverage is succinct and targeted to serve the needs of issuers and their advisors. Recent developments include…

Nov 30, 2015

Addressing Conflicting Human Rights: Some Recent Case Law

Addressing Conflicting Human Rights: Some Recent Case LawPresented at the 4th Annual Human Rights Summit The Law Society of Upper CanadaNovember 30, 2015Toronto, ON

Nov 20, 2015

An Open Book: Canadian Courts Favor Disclosure in Antitrust Cases

In recent years, Canadian competition class-action jurisprudence has tilted in plaintiffs’ favor. Canadian courts have recognized low thresholds for certification and allowed certification of indirect purchaser class-action…

Nov 19, 2015

Workplace Violence & Harassment Under Bill 168: A 5-Year Review

It has now been just over five years since Bill 168, now known as Part III.0.1 of the Occupational Health and Safety Act (Ontario) ( “OHSA” or…

Nov 11, 2015

Estate Alert – Common Misconceptions about Joint Accounts and Joint Ownership

Elderly parents will often put their money into bank accounts held jointly with their adult children, or transfer real property into a joint tenancy with one or more of their adult children. Sometimes, this is done for expediency so that an adult child can help manage the asset. In other cases, this is a planning technique used to avoid estate administration tax when the parent dies.

Nov 6, 2015

Quiz: Litigating in the Caribbean

In the dead of Canadian winters, it’s not just snowbirds who escape to the Caribbean. Incentives such as low or no taxes, less robust financial regulation, and…

Oct 8, 2015

Land Transfer Tax: Assignments, Flips and Options

Determining the amount of Land Transfer Tax (“LTT”) payable on a routine purchase and sale transaction is not a difficult task. On a more complicated transaction or series of transactions, however, the impact of the Land Transfer Tax Act R.S.O. 1990, c.L.6, as amended (the “Act”) and the resultant LTT may have surprising and unfavourable results for a purchaser.

Oct 1, 2015

Two Important Cases for Regulatory Bodies on the Ontario Human Rights Code

Two Important Cases for Regulatory Bodies on the Ontario Human Rights Code

Sep 28, 2015

Integrity Provisions and Leases with Federal Governmental Bodies

Overview of the new Integrity Regime On July 3, 2015, the Government of Canada introduced a revamped “Integrity Regime” that applies to all real property transactions (including…

Sep 24, 2015

Quiz: The Dos and Don’ts of Workplace Investigations

Workplace investigations are essential in cases of alleged harassment, workplace violence, bullying, fraud or other types of egregious misconduct. However, employers often fail to conduct a thorough…

Aug 28, 2015

Regulatory Colleges Respond to Health Privacy Breaches

Breaches of Health Privacy: Role of Professional Regulatory Colleges

Jul 9, 2015

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

A Leap of Good Faith? Practical Implications of the Supreme Court of Canada’s Decision in Bhasin v. Hrynew for Contracting Parties[1] In Bhasin v. Hrynew,[2] the Supreme…

Jul 8, 2015

Estate Alert – Planning for Custody and Financial Support After Death

Parents with minor children have specific estate planning concerns. One such concern is how to provide financially for the children if one or both parents die. Another concern is who will care for and raise the children should both parents die at the same time.

Jun 30, 2015

Quiz: Competition Bureau cracks down on bid-rigging in construction industry

Canada’s Commissioner of Competition has publicly stated that the Competition Bureau will continue to intensify its focus on the construction industry, on the basis that the industry…

Jun 10, 2015

Regulatory Colleges Respond to Health Privacy Breaches – WeirFoulds LLP

Breaches of Health Privacy: Role of Professional Regulatory Colleges

May 27, 2015

Quiz: Good Faith and Honest Contractual Performance

In November 2014, the Supreme Court of Canada released a significant decision in Bhasin v. Hrynew, which recognized a new general duty of honesty in contractual performance.…

May 4, 2015

Leasing Lessons from California: Is Your Co-Tenancy Clause Enforceable?

Most Canadians are familiar with many of California’s notable attributes from Hollywood, to Silicon Valley, giant redwoods, the former “Governator”, Napa Valley wines and Alcatraz. However, outside…

Apr 30, 2015

Energy/Tax Law Update 2015

The 2015 Ontario Budget, released on April 23, includes proposed measures that are intended to set the stage for consolidation within Ontario’s electricity distribution sector. At a high level, the measures are a limited-duration reduction of barriers to private sector investment in municipally owned electricity utilities (MEUs).

Apr 22, 2015

Employment/Tax Law Update 2015

Yesterday afternoon, the Canadian government tabled the 2015 Canadian Federal Budget. Two measures are particularly relevant to certain employers.Download the PDF to read this Client Update.

Estate Alert – 2015 Federal Budget Highlights

Yesterday the Minister of Finance, the Honourable Joe Oliver, presented the federal budget for 2015-2016 (“Budget 2015”) in the House of Commons. The following is a summary…

International Tax Law Update 2015

Yesterday afternoon, the Canadian government tabled the 2015 Canadian Federal Budget. This publication is intended to provide our busy international clients and friends with a high level…

Apr 16, 2015

Regulatory Developments and the Impact on Consumers, Business and the Environment

The policies of the OEB, and in particular its approach to the setting of rates for the transmission and distribution of electricity and natural gas, have had…

Apr 10, 2015

Competition Bureau Sets its Sights (and its website) on the Construction Industry

Since 2012, WeirFoulds LLP has been monitoring and writing about the Competition Bureau’s increased focus on Canada’s construction industry.The Bureau’s intensified scrutiny of construction companies has been…

Mar 31, 2015

Province Makes Significant Changes to the Planning Act and Development Charges Act

The Ministry of Municipal Affairs and Housing (MMAH) has completed its province-wide consultation, which looked at the way development is planned and paid for.

Mar 26, 2015

Securities Law Newsletter – Q1 2015

Recent developments include the implementation of amendments to the TSX Venture Exchange’s (the “TSX-V” or the “Exchange”) policies dealing with private placements, loan bonuses and finder’s fees, and the Ontario Securities Commission’s (the “OSC”) adoption of new prospectus exemptions and changes to two specific prospectus exemptions.

Mar 23, 2015

Quiz: Timely Responses to Access to Information Requests

In Ontario, the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act are increasingly being used as…

Mar 9, 2015

Regulatory Colleges Tackle Transparency

Information Sharing in Professional Regulation: What Does the Public Need to Know?

Feb 26, 2015

The (Carbon) Taxman Cometh: The Impact of Carbon Taxes on Landlords and Tenants

The uncertainty surrounding the future of carbon taxing in Ontario extends to the commercial leasing industry. The potential implementation of either a “true” carbon tax or a cap-and-trade system in Ontario will affect landlords and tenants in different ways.

Feb 13, 2015

The Carter Decision — What’s Next?

Our Estate Alert of February 6, 2015 discussed the Supreme Court of Canada [“SCC”]’s decision of Carter v. Canada (Attorney General)that was released that day. Now that we have had some time to consider the decision, we are asking “what’s next?”

Feb 6, 2015

The Supreme Court of Canada Overturns Prohibition on Physician-Assisted Suicide

Today the law criminalizing physician-assisted suicide was overturned in the landmark unanimous decision ofCarter v. Canada (Attorney General). The Supreme Court of Canada sent a strong message in support of the protection of Canadians’ right to life, liberty and security of the person (s. 7) pursuant to theCharter of Rights and Freedom.

Feb 5, 2015

Parkland Dedication: “How Low Can You Go?”

In the modern urban environment, parks and public recreational facilities are things that can be both greatly appreciated and taken for granted.

Feb 2, 2015

Managing the Challenges Facing Municipalities and their Utilities

Electricity distribution utilities are facing an unprecedented number of challenges. They are under significant cost pressures due to the need to repair and replace aging infrastructure, and…

Jan 31, 2015

The Governance of Regulatory Agencies – A Case Study of the Ontario Energy Board

Executive Summary Regulatory agencies play a critical role in the operation of modern society. They perform functions which none of the legislature, the government, or the courts…

Jan 30, 2015

Beware: Insurance, Indemnity, and Terms Not As They Appear

Landlords and tenants should always be thinking about the relationship between an obligation to insure and a lease’s indemnity clause so that the risk, should the “Premises”…

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