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Jul 20, 2010

Councillor Successful in Protecting Council Funds

The City of Toronto had no legal power to indemnify two Council members for legal costs incurred in responding to compliance audit requests.

Jul 9, 2010

Case Comment: Try and Try Again CCAA Court Orders Union Members to a Second Vote

Judgment of Quebec Superior Court (June 11, 2010) in restructuring proceedings of AbitibiBowater Inc.

Jun 14, 2010

Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario’s Green Energy Law

An important part of Ontario’s green energy initiative is legislation that seeks to levy a so-called special purpose charge (“SPC”) on ratepayers.

Case Law Update: The Supreme Court of Canada Finds that Administrative Tribunals have the Jurisdiction to Grant “Charter” Remedies

The Supreme Court of Canada has removed any lingering doubts that administrative tribunals have the authority to grant “Charter” remedies.

Jun 1, 2010

International Transport Quiz

Anever smaller world means more multi-jurisdictional litigation, with interprovincial, cross-border, and international business and transport raising many jurisdictional issues.

Case Law Update: R. v. Conway

2010 SCC 22, released 11 June 2010Administrative Law Charter Remedies Jurisdiction of Administrative Tribunals

Case Law Update: Toronto Star Newspapers v. Canada

2010 SCC 21, released 10 June 2010Constitutional Law Mandatory Publication Bans at Bail Hearings do not Infringe the Freedom of Expression Guarantee under the Charter

Case Law Update: Grand River Enterprises Six Nations v. Canada

2010 ONSC 2911, released 18 May 2010Interlocutory Motions – Temporary Stay – Related Proceedings

Case Law Update: United States v. Yemec

2010 ONCA 414, released 8 June 2010Enforcement of Foreign Judgments Defences Meaningful Opportunity to be Heard Equitable Orders Injunctions

Case Law Update: Yugraneft Corp. v. Rexx Management Corp.

2010 SCC 19, released 20 May 2010Enforcement of Foreign Judgments – Arbitration Awards – Limitation Periods

Case Law Update: Baryluk v. Warner Bros. et al.

2010 MBQB 66, released 28 April 2010Costs Costs Against a Lawyer Personally

Case Law Update: Piresferreira v. Ayotte

[2010] O.J. No. 2224, released 28 May 2010Employment Law – Causes of Action Negligent Infliction of Mental Suffering Not Available in Employment Context

Case Law Update: Bell Canada v. Rogers Communications Inc.

2010 ONSC 3010, released 27 May 2010Interlocutory Injunctions Irreparable Harm Delay

Legislative Update: Energy Consumer Protection Act, 2010

Ontario Bill 235 received Royal Assent on May 18, 2010. The purpose of the new legislation is to provide safeguards for energy consumers.

May 6, 2010

First Ontario Energy Board Decision to Consider the Implementation of Ontario’s Green Energy Act

First decision released by the Ontario Energy Board addressing implementation of Green Energy Act.

May 5, 2010

Ontario Court of Appeal Confirms Limits on the Freedom of Publicly Regulated Companies

There is an important distinction between private corporations and publicly regulated corporations (Toronto Hydro-Electric System Limited and the Ontario Energy Board).

May 1, 2010

Norwich Orders in Canada: A Tool for Twenty-First Century Litigation

The Norwich order has proven to be a useful litigation tool to tackle the “known and unknown unknowns” that litigants may face.

Apr 15, 2010

Toronto’s “Harmonized” Comprehensive Zoning By-law

If you own property in Toronto or have development objectives in mind, Toronto’s comprehensive zoning by-law is a process you’ll want to follow carefully.

Apr 12, 2010

Low Interest Rates Threatening an Income Trust? There is a Solution.

A trustee appointed under a Will must follow strictly the directions given in the Will. However, where the administration of a trust has become impractical by virtue of superseding events, the courts in Ontario can allow an exception to this rule.

Apr 1, 2010

Quiz: Mergers and Acquisitions – Risk Management

Mergers and acquisitions and other major business transactions are complex and involve myriad issues. As transactions evolve, the pace of decision-making can become fast and furious.

Mar 22, 2010

Real Estate Developers Must Comply with Anti-Money Laundering Legislation

Real estate developers must now comply with the reporting, client identification and record keeping requirements within this legislation.

Mar 9, 2010

Henry and The Burden of Proof

The decision of Newbould J. in Henry v. Henry a year ago gives trust and estates practitioners a small mercy for which to be grateful.

Mar 1, 2010

Out of the “Frye” Pan and into the Fire

Counsel advising shareholders of private corporations need to pay careful heed to the Ontario Court of Appeal decision in Frye v. Frye Estate. There, the Ontario Court…

Feb 19, 2010

Be Prepared! Bill 168 amends Occupational Health and Safety Act

New workplace violence and harassment obligations for Ontario employers take effect June 15, 2010 Are you ready to comply?

Feb 15, 2010

The Little Red Handbook for Municipal Councillors

An essential guide for municipal councillors, officers and staff, including municipal lawyers and lawyers in private practice, respecting clients who deal with municipalities in Ontario.

Feb 10, 2010

Toronto’s “Harmonized” Comprehensive Zoning By-law: Quis Custodiet Ipsos Custodes?

Toronto property owners with development objectives in mind will want to follow carefully the City of Toronto’s harmonization of pre-amalgamation zoning by-laws.

Feb 1, 2010

Quiz: Social Networking Liabilities, Risks, and Rights of Employees and Employers

What happens when the virtual world impacts the real one, and how is labour and employment law dealing with those impacts?

Spoliation and Sanctions for the Failure to Preserve Relevant Documents in Canada

One of the greatest concerns at the preservation and collection stages of the discovery process is the destruction or loss of relevant documents, and the sanctions that…

Dec 10, 2009

Municipal Conflict of Interest Law: A Law in Conflict Based on Interest

Members of municipal councils and local boards are only human.

Dec 1, 2009

Some Further Thoughts on Costs in Estate Litigation

In the October 2009 edition of Deadbeat, Elizabeth Seo provided a helpful survey of recent costs decisions in estates litigation.

Nov 19, 2009

Toronto’s “Harmonized” Comprehensive Zoning By-Law: Update

WeirFoulds can advise you on how the City’s new comprehensive zoning by-law will affect your property.

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Councillor Successful in Protecting Council Funds

Case Comment: Try and Try Again CCAA Court Orders Union Members to a Second Vote

Legislative Update: Ratepayers Challenge the Constitutionality of Parts of Ontario’s Green Energy Law