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Publications

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Mar 30, 2011

Case Law Update: Hanna v Ontario (Attorney General)

Judicial Review – Regulations – Renewable Energy

Case Law Update: Withler v Canada (Attorney General)

Charter of Rights and Freedoms – Equality Rights – Age Discrimination – Use of Comparator Groups

Litigation Update – March 2011

One legislative and five case law updates released in March 2011.

Case Law Update: Credifinance Securities Limited v DSLC Capital Corp

Trustee – Constructive Trust – Fraud – Bankruptcy

Legislative Update: Federal Election 2011

Federal Election 2011–The Legislative ImpactThe Canadian government’s recent defeat has had a legislative impact.

Case Law Update: Quebec (Attorney General) v Canada

Social Law – Canada Assistance Plan – Cost-sharing – Statutory Interpretation

Case Law Update: Taylor v Canada (Attorney General)

Civil Procedure – Class Proceedings – Regulatory Negligence – Proximity

Mar 4, 2011

Human Rights Update – Dealing with Applications at a Preliminary Stage

Applications under the Human Rights Code (“Code”) present a real risk for employers and an important avenue of redress for employees.

Mar 3, 2011

Trusts and Trustees: Some Tips on Risk Management

Being asked to be a trustee of an estate is not a gift.

Mar 1, 2011

Case Law Update: Reference re Assisted Human Reproduction Act, 2010

Constitutional Law – Division of Powers – Federal Jurisdiction Over Criminal Law – Provincial Jurisdiction over Property and Civil Rights

Key Goals of Examination-in-Chief

Download a PDF of the full article on the left.

Feb 28, 2011

New Tools for Managing Evidence in Complex Litigation

A shift has occurred in the way civil litigation is run and several new tools for litigation management have emerged.

Feb 24, 2011

Current Property Tax Issues

Pre-1998 Owners assessed realty taxes Tenants assessed separately for business taxes (value of property apportioned on basis of FMR) including shared parking business assessment Current Value Assessment…

Tenant Defaults – What to Do and What Not to Do: A Short Checklist

DO’s DO abide by notice and default provisions in the lease The most common mistakes are: (a) Counting Days Incorrectly. (i) Are “days” defined as calendar days…

Feb 16, 2011

Case Law Update: Celgene Corp v Canada (Attorney General)

Statutory Interpretation – Patented Medicine Prices Review Board – Consideration of Mandate – Standard of Review

Case Law Update: Grover v Hodgins

Unjust Enrichment – Jurisdiction – Small Claims Court

Case Law Update: Sazant v College of Physicians and Surgeons of Ontario

Administrative Law – Investigative Powers – College of Physicians and Surgeons

Litigation Update – February 2011

One legislative and six case law updates released in January and February 2011.

Case Law Update: Shoppers Drug Mart Inc v Ontario

Generic Drugs – Regulatory Provisions – Ultra Vires

Case Law Update: Smith v Alliance Pipeline Ltd

Expropriation – Standard of Review – Costs – National Energy Board Act

Broader Public Sector Accountability Act, 2010

The Broader Public Sector Accountability Act, 2010 will have a significant impact on broader public sector organizations.

Case Law Update: R v Caron

Constitutional Law – Interim Costs Awards – Inherent Jurisdiction of the Courts – Inferior Courts

Feb 14, 2011

The Bar’s Turn

Once the lawyers are gone, there will be no impediment to villainry: there will be no one to assert rights.

Feb 7, 2011

Babies and Bath Water

Leave aside the issue of whether mediation reduces cost and delay. Does it increase access to civil justice?

Feb 1, 2011

Property Development Aspects of Infrastructure and Other Public Projects

It is widely recognized that there is a critical need for construction of new infrastructure and the repair and maintenance of existing infrastructure.

Jan 21, 2011

Is Your Independent Contractor Truly Independent?

Third category – dependent contractor – determined in Ontario Court of Appeal decision in McKee v. Reid’s Heritage Homes Ltd.

Jan 18, 2011

Case Law Update: Canada (Attorney General) v. Telezone

Administrative Law – Judicial Review and Statutory Appeal – Tort Law – Practice and Procedure

WeirFoulds LLP Litigation Update (December 2010)

Seven updates on cases released in December 2010.

Case Law Update: Aecon Buildings v. Brampton

Civil procedure – Third party procedure – Discovery – Production and inspection of documents – “Mary Carter”-type Settlements – Immediate Disclosure

Case Law Update: Vancouver (City) v. Zhang

Enforcement of Municipal By-Laws – Injunctions – Constitutional Law – Freedom of Expression under s. 2(b)

Case Law Update: Century Services Inc. v. Canada (Attorney General)

Bankruptcy and Insolvency – Companies’ Creditors Arrangement Act – Priorities

Case Law Update: City of Ottawa v. Ontario (Information and Privacy Commissioner)

Judicial Review – Access to Information and Protection of Privacy under the Municipal Freedom of Information and Protection of Privacy Act

Case Law Update: Brown v. Canada (Attorney General)

Civil procedure – Third party procedure – Discovery – Production and inspection of documents – “Mary Carter”-type Settlements – Immediate Disclosure

Jan 5, 2011

Are Pension Benefits Deductible from Wrongful Dismissal Damages?

Introduction The general measure of damages in a wrongful dismissal case is the amount that an employee would have earned had he or she been given proper…

Jan 1, 2011

The Search for a Meeting of Minds in the Interpretation of Ontario’s Municipal Conflict of Interest Act

Areas of ambiguity in the Act continue to cause confusion and uncertainty. This article clarifies the intent and effect of the Act.

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