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Dec 8, 2014

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…

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.…

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 doing…

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…

Jun 5, 2014

From the Ground Up: Legal Issues for Women Entrepreneurs Roundup

On May 29, 2014, the Women of WeirFoulds held a lively morning event featuring two savvy panelsone hosted by lawyers, the other by Toronto entrepreneurson how to succeed in today’s fast-paced market as you start and grow your business.
Photo: Lori Duffy, Sarah Bull, Jennifer Durand, Sylvia O’Brien, Lindsay MacMillan, Jessica Ching, Hilary Book, Andrea Green.

Apr 14, 2014

How the New Anti-Spam Act Will Affect Your Business – Update

Canada’s new anti-spam law applies to “commercial electronic messages” (also known as CEMs) as of July 1, 2014. CEMs include e-mails and text messages.The general rule under…

Mar 31, 2014

Quiz: Navigating public-private partnerships

The 70s, 80s and 90s brought far too little investment in the repair of existing infrastructure and development of new infrastructure, leading to recognition around 2000-03 that…

Feb 13, 2014

Budget 2014: Changes to the Taxation of Trusts and Estates

The Canadian Federal Budget was tabled on February 11, 2014 and contains several important changes to the taxation of trusts and estates. We were somewhat prepared for…

Feb 6, 2014

Sneaking and Peeking: The Future of Securities Investigation Has Arrived

In the 1983 classic Scarface, Tony Montana was recorded laundering millions of dollars by a video camera disguised as a clock. His captors understood one important lesson:…

Feb 1, 2014

Beware the Pitfalls of the Notice of Default

It is well established law that distress and termination are mutually exclusive remedies. Distress proceedings are fundamentally inconsistent with a termination of the lease, as the former…

Jan 28, 2014

Quiz: Make sure policies comply with law of the land

Employment policies help employers clarify their expectations to their employees. Policies also help establish guidelines for dealing with day-to-day issues such as vacation, overtime, sick leave, and…

Dec 16, 2013

Risks of International Tort Litigation at Home

Many Canadian companies with global operations are unacquainted with the risks of domestic tort litigation as a result of their business activities in foreign countries. While there…

Dec 11, 2013

Cuthbertson v. Rasouli and its Implications for Substitute Decision-Makers

In a recent and much-anticipated judgment, the Supreme Court of Canada in Cuthbertson v.Rasouli confirmed that withdrawing or withholding life support constitutes treatment which, inturn, requires consent…

Dec 9, 2013

Spilling secrets: The end of confidentiality in offshore financial centres

The Cayman Islands, Nevis and the British Virgin Islands (“BVI“) bring to mind images of turquoise waters, white sand beaches andoffshore bank accounts and corporations where the…

Nov 29, 2013

Securities Law Quarterly – Q3 2013

In the third quarter of 2013, the Ontario Securities Commission (“OSC“) and the Canadian Securities Administrators (“CSA“) both provided updates to the market the OSC on possible…

Nov 13, 2013

The Leadership Perspective Roundup with Amanda Lang

Our last leadership perspectives event of 2013 featured Amanda Lang; bestselling author, award-winning journalist and senior business correspondent for CBC News, in which she reflected on the…

Oct 30, 2013

Proceedings involving the OSC: 10 Things Every Dealer Should Know

Complying with regulatory obligations under securities law is a top priority for exempt market dealers (“EMDs”) across Ontario who want to avoid proceedings involving the Ontario Securities…

Real Estate Licensing considerations for EMDs

In the recent editions of Exempt Market Update, in the articles Engagement Letter Best Practices Part One and Part Two, we focused on two topical features of…

Oct 17, 2013

The Recovery of Stolen Assets in Canada: Civil and Criminal Remedies

In Canada, the fraud victim has four avenues that would aid in the recovery of the stolen funds: (1) the pursuit of civil remedies; (2) the pursuit…

Oct 1, 2013

Quiz: Governance and Regulatory Issues

There are a myriad of statutes, regulations, rules, policies, and documents which govern the day-today activities of individuals, businesses, institutions, and other organizations operating throughout Canada and…

Aug 15, 2013

Securities Law Quarterly – Q2 2013

In the second quarter of 2013, the Ontario Securities Commission (the “OSC”) reviewed compliance with Forward-Looking Information (“FLI”) disclosure requirements and identified areas needing improvement. The OSC…

Aug 13, 2013

“Canada” in Global Legal Insights – Litigation & Dispute Resolution 2nd Ed.

This article appeared in the second edition of Global Legal Insights Litigation & Dispute Resolution; published by Global Legal Group Ltd, London. In the chapter on Canada,…

Jul 31, 2013

Can You Believe It? The Role of Corroboration in Estates Litigation

The Ontario Court of Appeal recently admitted statements made by a deceased to family members prior to his death as evidence of his insurer’s mistaken cancellation of…

Public Interest Litigation: Do Not Get Slapped

What is SLAPP? On June 4, 2013, the Attorney-General of Ontario introduced new legislation with the purpose of better protecting freedom of speech by discouraging dubious lawsuits…

Jul 29, 2013

Quiz: Navigating Franchising Leasing Agreements

With franchisors and franchisees involved, lease agreements can get fairly complicated. In many situations, it’s not immediately obvious where obligations lie, or whether a clause will be…

Jul 22, 2013

OSC Finds Mining Disclosure Misses the Mark

On June 27, 2013, the Ontario Securities Commission (the “OSC”) published OSC Staff Notice 43-705 Report on Staff’s Review of Technical Reports by Ontario Mining Issuers, which…

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