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Aug 2, 2004

The Power of the Internet: Beware of What You Write

In a recent decision, the Ontario Court of Appeal has described the Internet as one of the most powerful tools of communication ever invented, with the potential to be a medium of virtually limitless international defamation.

Jun 1, 2004

Overview of the Personal Health Information Protection Act, 2004 (Ontario)

On May 20, 2004, the Ontario Health Information Protection Act, 2004 received royal assent. It consists of two parts: the Personal Health Information Protection Act, 2004 (the…

Standard of Judicial Review

The Ontario Municipal Board (OMB) is an expert tribunal representing the pinnacle of planning decision-making in the province, especially since the removal of cabinet petitions in respect of Planning Act matters. However, in terms of law and jurisdiction, it is not the final decision-maker.

The Financing Triangle: The Top Five Practical Considerations in Negotiating Tenant Financing Rights and “Landlord Waivers”

When a typical franchisee in the food service industry seeks to open a business in a shopping centre, it usually obtains a commitment from its lender to provide financing for the purchase of the furnishings, fixtures, inventory and equipment…

Requests for Proposal

With the release of her decision in Buttcon et al. v. Toronto Electric Commissioners, Madam Justice MacFarland of the Ontario Superior Court of Justice provided some much needed guidance to understanding the legal rules applicable to the Request for Proposal process.

Embee Properties Limited et. al.

This case summary illustrates how a landowner may strategically gain control over an otherwise unwieldly planning process. If the right circumstances exist to invoke a Joint Board consolidated hearing under the provisions of the Consolidated Hearings Act (“CHA”), any hearings that may proceed within the same land area covered by the CHA might be precluded from proceeding.

Apr 1, 2004

Update on 1497777 Ontario Inc. v. Leon’s Furniture Limited

Subtenants (and head tenants) may be surprised by the September 2003 decision of the Ontario Court of Appeal in 1497777 Ontario Inc. v. Leon’s Furniture Limited (“Leon’s”). The court overturned the June 2002 decision of the Superior Court of Justice of Ontario, which we reported in the Winter/Spring 2003 issue of The Advantage.

Drug & Alcohol Testing: Zero Tolerance is Against the Law

A decision of the Canadian Human Rights Tribunal, released November 6, 2003 (the “Tribunal’s Decision”), partially resolves the dilemma facing transportation companies about what they can and cannot do with respect to drug and alcohol testing for their employees…

Structuring and Financing P3s

One of the most difficult, time consuming and important challenges facing the public sector is how to structure the Public-Private Partnership (the “P3”) to adequately protect relevant public policy and public interest objectives and concerns, while attracting the desired level of private sector involvement, private investment and risk transference to the private sector…

Jan 1, 2004

Are your Business Practices an Invasion of Privacy?

If you operate an interprovincial or international transportation business that is subject to the Canada Labour Code, PIPEDA already applies to your business.

Aug 5, 1999