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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

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

A recent Supreme Court of Canada decision is a cautionary tale on the Court’s reluctance to award recovery in tort where parties fail to mitigate risks through…

Nov 16, 2020

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

1. What is Bill C-9: An Act to Amend the Income Tax Act (Canada Emergency Rent Subsidy and Canada Emergency Wage Subsidy)? Bill C-9: An Act to…

Nov 6, 2020

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

In the wake of travel restrictions and sweeping flight cancellations due to the COVID-19 pandemic, the Canadian Transportation Agency (“CTA”) issued two public statements on its website…

Nov 4, 2020

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

Articling Year I think that it is safe to say that I started my professional life as a commercial litigation lawyer the day I began my articles…

Nov 3, 2020

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

Testamentary trusts are trusts that arise on and as a consequence of the death of a person, and are powerful tools if you wish to maintain a…

Oct 28, 2020

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

In Sky Clean Energy Ltd. (Sky Solar (Canada) Ltd.) v. Economical Mutual Insurance Company,[1] the Ontario Court of Appeal analysed a common feature of insurance arrangements in development projects…

Oct 20, 2020

Proposed Regulation Update: Ontario Heritage Act

On September 21, 2020, the Province published notice of a proposed regulation under the Ontario Heritage Act (“OHA”), to implement amendments passed as part of Bill 108, the More Homes, More Choice Act,…

Oct 15, 2020

Community Benefits Charges: The New Section 37

The COVID-19 Economic Recovery Act, 2020 replaced the density bonusing scheme under section 37 of the Planning Act with a new regime, but with a transition to…

Oct 11, 2020

Ontario Introduces further COVID Restrictions and Promises $300 million to help Businesses Weather the Storm: What Employers Need to Know

With COVID-19 cases on the uptick, the Ontario government has imposed modified Stage 2 restrictions in the Ottawa, Peel and Toronto regions. The following measures will be…

Oct 9, 2020

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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

Parties Must Check their Biases at the Door When Exercising Contractual Rights

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Publications

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

Ontario Introduces further COVID Restrictions and Promises $300 million to help Businesses Weather the Storm: What Employers Need to Know

Court of Appeal Decides Against Overruling its Prior Decisions on s. 7(6) of the Arbitration Act

New Minimum Wage for Employees in Ontario

Ontario Issues a New COVID-19 Screening Tool for Workplaces

Uber Arbitration Agreement not so Uber

Parties Must Check their Biases at the Door When Exercising Contractual Rights

A Cautious Reopening: Ontario Extends the Deemed COVID-19 Emergency Leave to January 2021

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