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Publications

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Jun 2, 2008

Drug testing standoff

Both Alberta and Ontario have released leading cases on drug testing but each has reached a different conclusion.

The changing face of Human Rights complaints

The new Human Rights regime will impact both employers and unions in dealing with the system.

A vote of sanity in employee claims of bad faith

A recent unanimous Ontario Court of Appeal decision puts limits on what qualifies as “bad faith” in the manner of termination.

Jun 1, 2008

Commercial Real Estate Quiz

How much do you know about commercial real estate?

May 30, 2008

Business property tax assessments: This time it’s technical

It took testimony from nine experts, weeks of hearings, and a review of hundreds of exhibits to interpret a statute and determine how business property should be assessed for municipal taxes. For the owners of six office tower complexes in downtown Toronto, it was well worth the effort.

Tenant bankruptcy and beyond – Spring 2008

“Bankruptcy” is commonly used to describe a number of legal situations involving a tenant’s financial distress. But with the rights and obligations of landlords and tenants determined by the true course of action taken, it pays for both sides to get the facts.

May 1, 2008

Capital Pool Companies

For private companies looking to take their company public, a Capital Pool Company (CPC) provides an excellent alternative to the traditional IPO.

Directors BEWARE – Potential Environmental Liability

When it comes to industrial clean-ups, the Ministry of the Environment is looking for help and personal liability can lurk in the murky ponds and work sites of the companies you serve.

Apr 1, 2008

Commercial Leases Quiz

How much do you know about commercial real estate leases?

Feb 1, 2008

Infrastructure Quiz

How much do you know about planes, trains, and automobiles — or more specifically, the public infrastructure that supports them?

The Manual Review Requirement

Manual review and the Air Canada vs. Westjet Airlines case.

Jan 1, 2008

Putting new municipal accountability measures into action

Major amendments to the Municipal Act, 2001 took effect on January 1, 2007. One of the key changes was the introduction of accountability provisions that give municipalities the power to create new positions to help ensure that good governance is maintained by local council and boards.

Duty to consult with First Nations: A municipal obligation?

The Canadian federal government and all provincial governments have a duty to consult with the First Nations before taking any steps that may infringe on aboriginal or treaty rights which are claimed or have been established. The case law on this point is clear. What isn’t so clear is whether the duty to consult with the First Nations applies to municipalities when making land-use or other decisions that may impact these rights.

Make it a functional Family Day

The simple addition of one public holiday may be anything but simple for some employers.

Employment settlements that stick

A few careful steps can help ensure the employment termination settlements you provide are beyond any future legal challenge.

Nov 21, 2007

Conflicting court decisions on OMB appeals

Municipalities, developers and other interested stakeholders who have been waiting for greater certainty on when Ontario Municipal Board decisions can be appealed to the Divisional Court will have to wait a little longer.

Nov 1, 2007

A New Era in Provincial Enforcement

Goodbye regulatory silos. Inspectors from different ministries can now share their observations and findings about your organization with each other.

Oct 1, 2007

Get the lead out

For years now, lower production costs in developing countries have been a competitive advantage for many businesses. But as recent product recalls have shown, it’s a strategy that requires significant attention to the potential risks involved…

Sep 1, 2007

Dealing With Construction Liens

Jackhammers, nail guns, power saws…ah…the sounds of fall in the city. Recent reports estimate that residential real estate values will increase by 9.5 % this year, and that the average home price in Canada will top $300,000 for the first time. And we already know the state of affairs in commercial construction (especially in Calgary and Vancouver). But did you know that one of the natural consequences of construction is…you guessed it!….the construction lien?

Aug 1, 2007

Is Your Business Licensing By-Law About to Die?

You should be aware that the by-laws of your municipality licensing and regulating various businesses may be about to expire.

Jun 30, 2007

Proposed New Legislation Affects Owners of Rental Buildings in the City of Toronto

Owners of property containing rental housing units in the City of Toronto should take immediate note of a by-law that has been proposed by the City of Toronto. If passed, it will significantly limit a property owner’s ability to demolish, alter, or convert buildings containing six or more rental units.

Jun 1, 2007

Clean drinking water: Provincial protection with a municipal impact

Ontario residents will soon benefit from greater protections for their drinking water, but these protections will come with both responsibilities and changes for municipalities.

Power to delegate far reaching for Ontario municipalities

A new era for municipal governments in Ontario was ushered in on January 1, 2007 with the proclamation of Bill 130’s major amendments to the Municipal Act, 2001.

Changes to construction plans? Building permits can be revoked

In a recent WeirFoulds win, the Ontario Superior Court confirmed that a chief building official can revoke a building permit if the facts on the ground change after the permit is issued, even if the changes don’t affect what’s built at the end of the day.

Municipal actions. Court reactions.

With the actions of municipalities having such a direct and wide-ranging impact on the communities they serve, conflicts inevitably occur and court cases result. Here are a few recent cases you may find of interest.

Apr 2, 2007

Changes to Ontario’s CVOR System – Effective April 2, 2007

If you hold a CVOR, you need to be aware of important changes to the CVOR system which came into effect on April 2, 2007.

Mar 1, 2007

The rising risks of the e-document evolution

With electronic files now dominating workplace documentation and communication, significant litigation risks have emerged relating to the production of e-documents when a dispute arises. The good news? A proper document management plan can reduce these potential risks substantially.

Sep 1, 2006

Planning to shape your municipal future

Recent changes to the Planning Act give municipalities more authority to control local development.

Flexing that municipal muscle

In their legislative role, municipalities face challenges not seen by other levels of government. Luckily, there’s never been a better time for creative solutions.

New Teeth for Ontario Heritage Act

Municipalities have new powers to protect heritage resources, but outdated designating by-laws could thwart protection efforts.

Aug 1, 2006

Online Protection

Each day more and more people are discovering that rather than having to drive to a busy mall and wait in line, they can make the same purchase from the comfort of their homes. However, the anonymity of shopping over the internet raises a variety of concerns for consumers.

Have you done enough to protect your trade secrets?

Recent cases in the news have demonstrated that a company may go to great lengths to acquire the confidential information of a competitor.

Sep 1, 2005

Are you governance savvy?

The Enron, WorldCom, Adelphi and other similar scandals in the U.S. in the early 2000s made corporate governance a front-page issue. The U.S. Congress responded in part by enacting the Sarbanes-Oxley Act of 2002 to improve corporate responsibility and financial disclosure and prevent accounting fraud. Canada was not far behind.

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Nov 1, 2004

Bank Fraud: Practical and Legal Repercussions

Download a PDF of the full article on the left.

Aug 2, 2004

Stricter Rules for Telemarketers

The Canadian Radio-television and Telecommunications Commission has passed new rules regarding telephone calls made by telemarketers. Some of these rules relate to “do not call” lists.

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