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Jun 10, 2021

Change of Plans – New Amendments to Ontario’s Planning Act and their Impact on Commercial Leasing

Background Although frequently ignored by leasing professionals (and even some lawyers!), the Planning Act prohibits leases in Ontario from having a term longer than 21 years (including…

Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?

Starting June 11th, 2021, Ontario will officially enter Step 1 of the recently announced Roadmap to Reopen framework. For those in the construction industry, this means that…

Jun 9, 2021

The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021

On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”)…

Jun 8, 2021

Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 (“Carroll-Byrne”), the Nova Scotia Court of Appeal upheld a lower court’s authorization of the conditional release of…

May 20, 2021

Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel

The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with…

May 10, 2021

Policy, not law: the Divisional Court discusses the Clergy principle

On May 5, 2021, the Ontario Divisional Court released its decision in Masters v Claremont Development Corporation[1], which discusses the Clergy principle, as well as the jurisdiction…

May 5, 2021

Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention

On April 1, 2021, the Ontario Court of Appeal reviewed and clarified the equitable doctrine of estoppel by convention in its decision in Fram Elgin Mills 90 Inc.…

Apr 29, 2021

Stay Home and Stay Safe: Ontario Announces Paid Sick Leave to Combat COVID-19 Pandemic

The ongoing COVID-19 pandemic has placed the Ontario government in the unenviable position of having to balance the need to protect workers with the need to preserve…

Apr 22, 2021

Reflections on Half a Century in the Commercial Litigation Trenches: Part III

Click here to read Part I and Part II. The Department of Justice in Ottawa: With Peter Hogg’s “Constitutional Law of Canada” in hand, I was ready to continue my…

Apr 20, 2021

Toronto and Peel to Name and Shut down Workplaces with COVID-19 Breakouts; Other Regions may Follows may Follow

As Ontario continues to experience its third wave of the COVID-19 pandemic, it has become clear that this wave is quite unlike the previous two. While Ontario…

Apr 14, 2021

Ontario’s Provincial Emergency and Stay-at-Home Order: What It Means for Retail Today

The Ontario government recently announced the province-wide Stay-at-Home order (“Order”) that has taken effect pursuant to section 7.0.1(1) of the Emergency Management and Civil Protection Act (“EMCPA”).…

Apr 12, 2021

Employers, Are you Ready? Ontario Continues to Ramp up Workplace Inspection Efforts

In January 2021, the Ontario government announced that it was ramping up workplace health and safety inspections in an effort to combat COVID-19.[1] With COVID-19 cases again…

Apr 7, 2021

Transportation Notes: Pair of Passenger Class Actions Certified Against WestJet

The British Columbia Supreme Court has certified two class actions against WestJet. In one, the central allegation is that WestJet charged baggage fees despite stating in its…

Mar 26, 2021

A Matter of National Concern: The Supreme Court of Canada Upholds a Federal Price on Carbon

The Decision On March 25, 2021, the Supreme Court of Canada handed down its decision in the highly anticipated Reference re Greenhouse Gas Pollution Pricing Act.[1] In…

Mar 19, 2021

What Regulators Can Learn from the Criminal Courts about Sexual Abuse Cases

It is no secret that there has been a societal reckoning about sexual abuse in the last few years. From the #MeToo movement to the amendments to…

Mar 18, 2021

The Rise of the Unregistered Priority Interest: Significant Priorities Cases in 2020

The significant priorities cases in 2020 arose in every imaginable context from the sale of residential properties to construction projects to remediating environmental damage. The overarching theme…

Mar 17, 2021

Only Bricks and Mortar? Your Performance Bond Might Cover More Than You Think

Players in the construction industry rely on risk allocation to keep the industry functioning. As Covid-19 has reminded us, the world is full of uncertainty; even carefully…

Mar 11, 2021

Modernizing the Ontario Business Corporations Act

On December 8, 2020, the Ontario legislature enacted the Better for People, Smarter for Business Act, 2020 (the “Act”),[1] which provides key amendments to both the Ontario…

Mar 6, 2021

How Is the Sausage Made?: Public Access to Third Party Information in Government Records

The decision in Concord Premium Meats Ltd. v Canada (Food Inspection Agency), 2020 FC 1166, illustrates how Canadian freedom of information legislation balances the public right to access government…

Feb 26, 2021

Handle with Care: Joint Document Books in Civil Trials

Two cases that the Ontario Court of Appeal decided in the last year illustrate how much thought and care must go into preparing a Joint Document Book…

Amendments to the Expropriations Act Proposed Under Bill 245

The Ontario government has proposed a number of changes to the Expropriations Act under Bill 245, the “Accelerating Access to Justice Act, 2021”. Bill 245 would enact…

Feb 24, 2021

Reasonable, or Unreasonable? That is the Question – Using Discretion in Construction Projects Should be Reasonable

On February 5, 2021, the Supreme Court of Canada (“SCC”) released its decision in Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District[1] (“Wastech”). This decision…

Feb 18, 2021

Fair is Fowl and Fowl is Fair: Implications of the Ontario Court of Appeal’s Decisions in Subway v CBC

The Ontario Court of Appeal recently released two decisions under Ontario’s anti-SLAPP (Strategic Litigation Against Public Participation) legislation: Subway Franchise Systems of Canada, Inc. v Canadian Broadcasting Corporation, 2021…

Feb 17, 2021

Here’s the Drill: Strategic Procurement – Drawbacks of Using Nonnegotiable Supplementary Conditions in RFPs

Requests for proposals (“RFPs”) are a popular procurement model for those looking to hire a construction contractor. RFPs will commonly stipulate the form of contract the owner…

Feb 16, 2021

Transportation Notes: Air Carrier Avoids Liability for Refusal to Transport Disruptive Passenger

The British Columbia Civil Resolution Tribunal (BCCRT) recently ruled on a dispute involving an air carrier refusing to transport a disruptive passenger. In Serbinenko v. Air Canada,…

Feb 9, 2021

An Ounce of Prevention: Ten Questions for Employers to Help Assess their Compliance with Employment Laws

Employers have faced no shortage of challenges and obstacles in complying with employment and workplace laws and regulations, particularly given the rapidly shifting employment landscape and ever-changing…

Jan 29, 2021

The Home Construction Regulatory Authority Replaces Tarion as Regulator of Ontario’s Homebuilding Industry

Big changes to the licensing and regulation of Ontario’s homebuilding industry are here. Effective February 1, 2021, a new stand-alone regulator called the Home Construction Regulatory Authority…

Reflections on Half a Century in the Commercial Litigation Trenches: Part II

Click here to read Part I. Arnup Leaves and an Offer Is Made Shortly after I joined WeirFoulds, John Arnup left the firm for the Court of…

Jan 21, 2021

Ontario Further Expands its Workplace Inspections Campaign to Combat COVID-19

Last week, the Ontario government announced that it would be ramping up workplace inspections to combat the rising number of COVID-19 cases in the province.[1] The government’s…

Privacy Web Series: A Primer on the Proposed Legislative Changes in Privacy Law

A long-awaited overhaul of privacy law is at hand to bring Canadian privacy legislation more in line with global standards, and address the challenges posed by new…

Here’s the Drill: Prompt Payment – Are your contracts in order?

In October 2019, the prompt payment rules were introduced to Ontario’s construction industry as part of the province’s updated Construction Act. The rules mark a significant shift…

Jan 18, 2021

Is it Time For Employers to Review Your Employment Contracts? The Supreme Court of Canada Says Yes

On January 14, 2021, the Supreme Court of Canada denied Swegon North America Inc.’s application for leave to appeal the Ontario Court of Appeal’s decision in Waksdale…

Jan 16, 2021

Appealing Forum Non Conveniens: Key Considerations

The recent decision of the Ontario Court of Appeal in GIAO Consultants Ltd. v 7779534 Canada Inc., 2020 ONCA 778 (“GIAO Consultants”) provides some key considerations for parties…

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Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention

An Ounce of Prevention: Ten Questions for Employers to Help Assess their Compliance with Employment Laws

Privacy Web Series: A Primer on the Proposed Legislative Changes in Privacy Law

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Publications

If a debt is outstanding, but not enforceable in court… is it really a debt?

Change of Plans – New Amendments to Ontario’s Planning Act and their Impact on Commercial Leasing

Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?

The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021

Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action

Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel

Policy, not law: the Divisional Court discusses the Clergy principle

Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention

Stay Home and Stay Safe: Ontario Announces Paid Sick Leave to Combat COVID-19 Pandemic

Reflections on Half a Century in the Commercial Litigation Trenches: Part III

Toronto and Peel to Name and Shut down Workplaces with COVID-19 Breakouts; Other Regions may Follows may Follow

Ontario’s Provincial Emergency and Stay-at-Home Order: What It Means for Retail Today

Employers, Are you Ready? Ontario Continues to Ramp up Workplace Inspection Efforts

Rebel, Rebel, Your Case is a Mess: More on the Challenges of Anti—SLAPP Motions

Transportation Notes: Pair of Passenger Class Actions Certified Against WestJet

A Matter of National Concern: The Supreme Court of Canada Upholds a Federal Price on Carbon

What Regulators Can Learn from the Criminal Courts about Sexual Abuse Cases

The Rise of the Unregistered Priority Interest: Significant Priorities Cases in 2020

Only Bricks and Mortar? Your Performance Bond Might Cover More Than You Think

Modernizing the Ontario Business Corporations Act

How Is the Sausage Made?: Public Access to Third Party Information in Government Records

Handle with Care: Joint Document Books in Civil Trials

Amendments to the Expropriations Act Proposed Under Bill 245

Reasonable, or Unreasonable? That is the Question – Using Discretion in Construction Projects Should be Reasonable

Fair is Fowl and Fowl is Fair: Implications of the Ontario Court of Appeal’s Decisions in Subway v CBC

Here’s the Drill: Strategic Procurement – Drawbacks of Using Nonnegotiable Supplementary Conditions in RFPs

Transportation Notes: Air Carrier Avoids Liability for Refusal to Transport Disruptive Passenger

An Ounce of Prevention: Ten Questions for Employers to Help Assess their Compliance with Employment Laws

The Home Construction Regulatory Authority Replaces Tarion as Regulator of Ontario’s Homebuilding Industry

Reflections on Half a Century in the Commercial Litigation Trenches: Part II

Ontario Further Expands its Workplace Inspections Campaign to Combat COVID-19

Privacy Web Series: A Primer on the Proposed Legislative Changes in Privacy Law

Here’s the Drill: Prompt Payment – Are your contracts in order?

Is it Time For Employers to Review Your Employment Contracts? The Supreme Court of Canada Says Yes

Appealing Forum Non Conveniens: Key Considerations

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