Publications

You are here:

Home
Category "Publications"

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…

Jan 14, 2021

Ontario Ramps up Workplace Inspections to Combat COVID-19

The Ontario government recently announced additional measures aimed at addressing the recent rise in COVID-19 cases in the province,[1] and are now taking steps to ensure that…

Jan 13, 2021

Ontario Declares Emergency and Issues Stay-at-Home Order: What are the Implications for Employers?

Ontario has declared a second provincial emergency under the Emergency Management and Civil Protection Act in response to the growing number of COVID-19 cases in the province.…

Jan 12, 2021

Conduct Matters in Contracts: What You Need to Know About the Duty of Honest Performance in Construction Contracts

On December 18, 2020, the Supreme Court of Canada (“SCC”) released its decision in C.M. Callow Inc v Tammy Zollinger[1] (“Callow”); this decision will impact contractors, subcontractors,…

Jan 6, 2021

Limitation Periods and COVID-19: Where Do Things Stand?

Courts across Canada shut down for a period of time in 2020 to respond to the COVID-19 pandemic. Several provinces and one territory suspended limitation periods in…

Jan 5, 2021

Comply or Beware: Toronto to Begin Naming Employers With COVID-19 Outbreaks

As COVID-19 cases in the City of Toronto continue to rise, local health officials are imposing additional requirements on employers to combat the spread. On Monday, January…

Jan 4, 2021

Kinectrics v. FCL Fisker et al.: Novel Limitation Period Arguments for Subrogation Insurers

WeirFoulds’ subrogation team successfully opposed a motion for summary judgment recently, reported at Kinectrics Inc. v. FCL Fisker Customs & Logistics Inc., 2020 ONSC 6748. In that…

Dec 23, 2020

Ontario Announces Provincewide Shutdown: What Does This Mean for Employers?

On December 21, 2020, Ontario announced that it will move into a provincewide shutdown to stop the spread of COVID-19. The provincewide shutdown will go into effect…

The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses

On December 18, 2020, the Supreme Court of Canada released its decision in C.M. Callow Inc. v Zollinger,[1] in which it took the “opportunity to clarify what…

Dec 22, 2020

Business as Usual-ish: Construction Activities and a New Lockdown for Ontario

Although Ontario is heading back into lockdown starting this Boxing Day, for those in the construction industry it remains very much business as usual (which is to…

Dec 18, 2020

Ontario’s New Regulation for Excess Soil

On January 1, 2021, the On-Site and Excess Soil Management Regulation 406/19 passed by the Province of Ontario under the Environmental Protection Act will come into force…

Stop the Clock: Ontario Again Extends the Deemed COVID-19 Emergency Leave and Introduces Flexibility for Layoffs in Unionized Workplaces

Ontario has once again extended the relief for employers from the temporary layoff provisions under the Ontario Employment Standards Act, 2000 (ESA) in the hopes of protecting…

Dec 17, 2020

An Employer’s $115K Mistake in a Wrongful Dismissal Settlement

On November 9, 2020, Brown J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Kearns v Canadian Tire Corporation Limited, upholding the 2019…

Dec 11, 2020

TSXV Introduces Changes to Capital Pool Company Program

Introduction On December 1, 2020, the TSX Venture Exchange (“TSXV” or the “Exchange“) announced changes to its Capital Pool Company (“CPC“) program, effective January 1, 2021.[1] Revisions…

Seller Beware: Ontario Court of Appeal Confirms that a Purchaser’s Inspection does not always Relieve the Vendor of Liability for Misrepresentations

The general rule regarding the purchase of real property is that the purchaser must satisfy himself or herself of the suitability of the property he or she…

Dec 9, 2020

Rules Modernization in Ontario – O.Reg. 689/20

If there is a silver lining to the disruption caused by the coronavirus pandemic in the Ontario justice system, it is the modernization of the Court system…

Dec 8, 2020

Transportation Notes: Filing of Insurance Certificates with the Canadian Transportation Agency

Air carriers offering scheduled international services to/ from Canada are required, by virtue of the Canada Transportation Act, S.C. 1996, c. 10, to file proof of insurance…

Nov 25, 2020

Webinar: Commercial Litigation – Professionalism Issues in a Virtual World

In this webinar some of our commercial litigators discuss Professionalism Issues in a Virtual World (tailored for small firms and sole practitioners). Topics and speakers include: Panel…

Nov 18, 2020

Transportation Notes: Should Expert Reports on the Interpretation of the Montreal Convention Be Allowed in Challenge to Canadian Air Passenger Protection Regulations?

Canada’s Air Passenger Protection Regulations (the “APPRs”) came into effect in two stages in July and December 2019. Even before the first tranche of provisions came into…

Nov 17, 2020

Search

Practice Area

Directory

Role

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

The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses

Transportation Notes: Should Expert Reports on the Interpretation of the Montreal Convention Be Allowed in Challenge to Canadian Air Passenger Protection Regulations?

Supreme Court Clarifies the Law on the Duty of Care for Pure Economic Loss

Subscribe to our newsletters

Search

Practice Area

Directory

Role

Publications

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

Ontario Ramps up Workplace Inspections to Combat COVID-19

Ontario Declares Emergency and Issues Stay-at-Home Order: What are the Implications for Employers?

Conduct Matters in Contracts: What You Need to Know About the Duty of Honest Performance in Construction Contracts

Limitation Periods and COVID-19: Where Do Things Stand?

Comply or Beware: Toronto to Begin Naming Employers With COVID-19 Outbreaks

Kinectrics v. FCL Fisker et al.: Novel Limitation Period Arguments for Subrogation Insurers

Ontario Announces Provincewide Shutdown: What Does This Mean for Employers?

The Supreme Court of Canada Clarifies the Application of the Duty of Honest Performance in the Context of the Exercise of Unilateral Termination Clauses

Business as Usual-ish: Construction Activities and a New Lockdown for Ontario

Ontario’s New Regulation for Excess Soil

Stop the Clock: Ontario Again Extends the Deemed COVID-19 Emergency Leave and Introduces Flexibility for Layoffs in Unionized Workplaces

An Employer’s $115K Mistake in a Wrongful Dismissal Settlement

TSXV Introduces Changes to Capital Pool Company Program

Seller Beware: Ontario Court of Appeal Confirms that a Purchaser’s Inspection does not always Relieve the Vendor of Liability for Misrepresentations

Rules Modernization in Ontario – O.Reg. 689/20

Transportation Notes: Filing of Insurance Certificates with the Canadian Transportation Agency

Webinar: Commercial Litigation – Professionalism Issues in a Virtual World

Transportation Notes: Should Expert Reports on the Interpretation of the Montreal Convention Be Allowed in Challenge to Canadian Air Passenger Protection Regulations?

Supreme Court Clarifies the Law on the Duty of Care for Pure Economic Loss

Bill C-9: An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)

Transportation Notes: Air Passenger Rights Group Challenges CTA Statements on COVID-19 Vouchers

Reflections on Half a Century in the Commercial Litigation Trenches – Part I

Control beyond the grave: The use of testamentary trusts in estate planning

“Arising out of”: Adding Another Definition to Your Contractual Terms Dictionary

Proposed Regulation Update: Ontario Heritage Act

Community Benefits Charges: The New Section 37

Subscribe to our newsletters