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Publications

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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.

Feb 1, 2016

Proposed Changes to Ontario’s Health Privacy Laws – Updated

What Do These Changes Mean for Regulators? On September 16, 2015, Bill 119 (the “Bill”) was introduced by the Minister of Health and Long-Term Care into the…

Jan 7, 2016

Quiz: Managing Cybersecurity Risk in Contracts

Many companies acquire IT services from third-party service providers where the service providers host or otherwise acquire data and other confidential information of a company. In this…

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.

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