Mar 12, 2012The New Ontario Not-for-Profit Corporations Act The Ontario Not-for-Profit Corporations Act, 2010 (“ONPCA”) was passed by the Ontario Legislature and received Royal Assent on October 25, 2010 but it has not yet come…
Mar 5, 2012Client Newsletter – Spring 2012 Please click the link to the left to access a PDF of the client newsletter. Welcome to the Spring 2012 edition of our Client Update Newsletter. Here,…
Mar 1, 2012Part One – Engagement Letter Best Practices WeirFoulds partner David Brown discusses the steps required to raise funding in an exempt market.
Feb 22, 2012Saving Ontario’s Heritage: The Municipal Application of Part IV of the Ontario Heritage Act Introduction The Ontario Heritage Act, “an Act to provide for the Conservation, Protection and Preservation of the Heritage of Ontario”, (the “Act”) has been with us, in…
Counsel to Counsel: Beware of approaching council It may come as a surprise to some lawyers and municipal staff that it is not appropriate for a lawyer to contact a municipal councillor, or staff…
Jan 18, 2012Municipal Councillors – Don’t even think about it! The unprecedented decision in Mondoux v Tuchenhagen Every municipal councillor and municipal legal advisor in Ontario should be aware of both the majority and dissenting reasons in the judgement of the Ontario Divisional Court…
Dec 22, 2011Quiz: U.S.-Canada cross-border estate issues How would you resolve these case situations?
Batty v City of Toronto: Municipalities at Forefront of Occupy Movement As part of the global “Occupy Wall Street” movement throughout October and November, many Canadian municipalities found their parks occupied by protesters. With little public space available…
Dec 21, 2011Case Law Update: Newfoundland and Labrador Nurses’ Union v. Newfoundland and Labrador (Treasury Board) Administrative Law Role and Adequacy of Reasons Dunsmuir principles of “justification, transparency and intelligibility”
To Seek a Stay or Not to Seek a Stay Is seeking a stay of foreign proceedings a prerequisite to obtaining an anti-suit injunction in Canada?
Dec 20, 2011Litgation Update – December 2011 Six case law updates released between November and December 2011.
Case Law Update: Nor-Man Regional Health Authority v Manitoba, 2011 SCC 59 Administrative Law Labour Law Standard of Review-Labour Arbitration
Case Law Update: Combined Air Mechanical Services Inc v Flesch Ontario Rules of Civil Procedure Summary Judgment
Case Law Update: In the Matter of the Bankruptcy of TNG Acquisition Inc. (successor estate of NexInnovations Inc., a bankrupt) of the City of Mississauga, in the Province of Ontario Landlord and tenant Repudiation of Lease Companies’ Creditors Arrangement Act Proceedings
Case Law Update: Batty v City of Toronto: Municipalities at Forefront of Occupy Movement The Occupy Toronto Ruling: Batty v City of Toronto
Case Law Update: Quebec (Attorney General) v Canada (Human Resources and Social Development) Constitutional law Federal paramountcy Crown immunity
Dec 1, 2011Jurisdiction to Review Trustee Discretion – Case Comment on two UK Appeals Pitt v. Holt, Futter v. Futter Please download the PDF to see the full article.
Myopic Stubbornness and Other Hazards: A few of the interesting cases of 2011 The Courts (and litigators) just can’t seem to get enough of fascinating legal expressions, such as “piercing the corporate veil”, “spent breach”, and “estoppel”. In leasing litigation…
Nov 28, 2011Supreme Court rules on safe injection site Reproduced with permission of the publisher from Health Law in Canada, Vol. 32, No. 2, November 2011. The Supreme Court of Canada unanimously ordered that the federal…
Nov 18, 2011Canadian Competition Authorities send message to Vendors and Purchasers: You’re in this together Vendors selling their business need to consider the potentially anti-competitive effects of proposed transactions, according to recent proceedings at the Competition Tribunal of Canada. If the Competition…
Nov 16, 2011Case Law Update: Mexico v Cargill, Incorporated North American Free Trade Agreement International Arbitration Standard of Judicial Review
Case Law Update: W.J. Holdings Limited v City of Toronto Municipality Civil Contempt Conditions on Demolition Permits
Case Law Update: British Columbia (Workers Compensation Board) v Figliola Administrative Law Human Rights Tribunal Jurisdiction
Case Law Update: Lax Kw’alaams Indian Band v Canada (Attorney General) Constitution Act, 1982 Aboriginal Rights Proof
Case Law Update: R v Côté Constitutional law Canadian Charter of Rights and Freedoms s. 24(2) Exclusion of evidence
Case Law Update: Canada (Canadian Human Rights Commission) v Canada (Attorney General) Administrative Law Remedial Jurisdiction Canadian Human Rights Act Legal Costs Standard of Review Statutory Interpretation
Nov 10, 2011An Unprecedented Decision in Municipal Conflict of Interest Law – Tuchenhagen v Mondoux Every municipal councillor and municipal legal advisor in Ontario should review carefully both the majority and dissenting judgments in this Divisional Court decision released October 26, 2011,…
Nov 1, 2011Doing Business in Ontario: An Overview of Environmental Protection Law – 2011 This guide provides a brief overview of the main elements of environmental protection law in Ontario. Its main objective is to identify the principal structural elements of…
Oct 20, 2011Case Law Update: Canadian Broadcasting Corporation v Ontario Civil Procedure Appeals Jurisdiction
Case Law Update: Smith v Inco Limited Environmental Contamination Nuisance Strict Liability Application of Limitation Period in Class Actions