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Dec 19, 2019

Blazing A New Trail: Ontario To Adopt an Open Cannabis Retail Market

For cannabis retail operators in Ontario, Christmas came early this year when the Ontario government announced that it would be scrapping the widely-criticized lottery system for awarding…

Dec 17, 2019

The Caribbean Court of Justice and Appealing to Accession

The debate surrounding the accession to a final appellate court for the Caribbean Region rather than to the Judicial Committee of the Privy Council (“Privy Council” or…

Dec 16, 2019

Goodbye to “Ghost Hotels”: Tribunal Upholds City of Toronto’s Efforts to Regulate Short-Term Rentals

Changes are coming to how Airbnb and other short-term accommodation marketplace websites operate in Toronto after a failed challenge by a group of landlords to the City…

Webinar: Beyond Boilerplate – Choice of Law and Choice of Jurisdiction Clauses

In this webinar, Nadia Chiesa and Kayla Theeuwen discuss how to transform boilerplate jurisdiction and choice of law clauses to reduce uncertainty and costs in litigation. They…

Dec 13, 2019

Multi-Jurisdictional Class Actions – Court Clarifies the Doctrine of Abuse of Process

In DALI 675 Pension Fund v SNC Lavalin, 2019 ONSC 6512, the Ontario Superior Court provided guidance about the court’s ability to stay a class action at…

Dec 6, 2019

To Refer or Not to Refer, That is the Question

Public reaction to the recent case of Tanase v. The College of Dental Hygienists of Ontario[1] was widespread and critical.[2] In this case, the Divisional Court upheld…

Nov 25, 2019

Webinar: Entire Agreement Clauses

In this webinar, John Buhlman and Megan Mah discuss the purpose, importance, and enforceability of entire agreement clauses. They also share some helpful drafting tips to consider…

Nov 19, 2019

Estate Planning Considerations for Singles and Singles with Children

While making a Will may seem like a one-size-fits-all endeavour to many, customizing an estate plan is a delicate exercise, especially as life changes and circumstances evolve.…

Nov 6, 2019

Innocent Vendors, Mitigating Damages, and Crediting Deposits: Clarifying the Rules

The Ontario Court of Appeal has recently clarified the rules when a vendor relists a property and sells it at a loss following the original purchaser’s default. …

Webinar: Commercial Litigation Seminar – Pre-Litigation Positioning: Tips for Improving Your Case

Our commercial litigators discuss best practices for when litigation is anticipated, including tips to avoid litigation and/or to position your case in the best possible way for…

Oct 30, 2019

Webinar: Exclusion of Liability Clauses

In this webinar, Michael Statham and Caitlin Steven discuss the enforceability of exclusion of liability clauses. An exclusion clause is a provision in a commercial contract intended…

A Workable Compromise: “Client Focused” Reforms Finalized

The prolonged effort on the part of Canadian regulators to elevate the statutory standard of conduct required of financial advisors and other registrants and the equally sustained…

Oct 29, 2019

Enhancing Security of Pensions in Insolvency Proceedings: Amendments to BIA and CCAA to Take Effect in November

On November 1, 2019, several amendments to the Bankruptcy and Insolvency Act (the BIA) and the Companies Creditors’ Arrangement Act (the CCAA) will take effect. Previously, our…

Oct 24, 2019

Significant Changes to Rule 76 Simplified Procedure Actions Are Here

Amendments to Rule 76 of the Rules of Civil Procedure were filed on October 23, 2019. These amendments, effective January 1, 2020, will see major changes to…

Oct 17, 2019

Time Off to Vote: An Overview of Employer Obligations on Election Day

As Canadians head to the polls for the federal election on Monday, October 21st, employers should be aware of their obligations to employees under the Canada Elections…

Oct 16, 2019

The Ontario Court of Appeal Refuses to Strike a Claim in Negligence for Premature Commercialization

The principles set out in the decision of the Supreme Court of Canada in Deloitte & Touche v Livent Inc. (Receiver of) (“Livent”)[1] are frequently relied upon…

Oct 8, 2019

Any Port in a Storm: New Protections for IP Licensees Under Canada’s BIA and CCAA Legislation

Insolvency, restructurings, and proposals create tidal waves of uncertainty for the numerous parties implicated in the proceedings. Third party intellectual property licensees who have relied on a…

Oct 7, 2019

Webinar: Employment Law Seminar

This employment law seminar covers a variety of topics including executive compensation, surviving the litigation process, workplace harassment investigations and termination clauses. Topics and Speakers: Introduction…

Sep 30, 2019

Webinar: Arbitration Clauses

This webinar deals with general considerations with respect to proceeding to arbitration, the jurisdiction of the arbitrator, appeal rights, and the legislative framework for the enforceability of…

Sep 26, 2019

Webcast: Bill 108 – More Homes, More Choice 2019 – What Will Change and What Will Remain?

The WeirFoulds Municipal, Planning and Land Development Practice Group hosted a seminar on Bill 108, the More Homes, More Choice Act, 2019. Seminar Description: Ontario’s newly…

Sep 19, 2019

The Arbitrator’s Right to be Unreasonable or Incorrect

It was for the arbitrator, not the court, to interpret and apply the substantive provisions of the [agreement], and it is of no moment whether the arbitrator…

Aug 27, 2019

Ulterior Motive? The Court Probably Doesn’t Care (And May Order Costs)

Litigants (and their lawyers) often develop theories regarding a party’s underlying motivation in a legal dispute. While these theories sometimes provide useful insight into a party’s strategy…

Aug 8, 2019

Long-Term Care Homes Public Inquiry Recommends Systemic Changes In Response to Wettlaufer Offences

On July 31, 2019, the final report and recommendations of the Long-Term Care Homes Public Inquiry were released. The Inquiry, which had a two-year mandate, was charged…

Aug 7, 2019

Rolling Limitation Periods: What Resets the Clock?

What will establish a “rolling” limitation period? In other words, why does the limitation clock start over again in one case, but not another? The Ontario Court…

Aug 6, 2019

An Employee’s Retirement Plans Do Not Determine The Reasonable Notice Period

On May 23, 2019, G.T. Trotter J.A., writing for a unanimous Ontario Court of Appeal, released his decision in Dawe v The Equitable Life Insurance Company of…

Jul 31, 2019

Court of Appeal Criticizes Trial Judge’s Conduct

In R. v. Ibrahim, 2019 ONCA 631, the Ontario Court of Appeal (Rouleau, Trotter and Zarnett JJ.A.) criticized the deportment of the trial judge in a criminal…

Jul 22, 2019

Ontario Launches Consultation on Building More Homes that People Need and Can Afford

Today, the Province is kicking off the consultation period for its proposed changes to the Provincial Policy Statement (PPS). These changes are part of the government’s “More…

Jul 17, 2019

Transportation Notes: Proposed Discrimination Class Action by Airline Employee May Proceed

The British Columbia Court of Appeal recently held that a proposed class action against WestJet commenced by an employee alleging that the carrier failed to prevent harassment…

Jul 16, 2019

Security for Costs on Appeal: A “How To” Guide

A motion for security for costs can be a powerful tool in a litigator’s arsenal to ensure a client is not left with an unenforceable costs order…

Jul 6, 2019

The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525

The SFC Story Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation (“SFC”). Between 2003 and 2011, SFC’s…

Jul 4, 2019

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Multi-Jurisdictional Class Actions – Court Clarifies the Doctrine of Abuse of Process

The Ontario Court of Appeal Refuses to Strike a Claim in Negligence for Premature Commercialization

Ontario Launches Consultation on Building More Homes that People Need and Can Afford

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Publications

Blazing A New Trail: Ontario To Adopt an Open Cannabis Retail Market

The Caribbean Court of Justice and Appealing to Accession

Goodbye to “Ghost Hotels”: Tribunal Upholds City of Toronto’s Efforts to Regulate Short-Term Rentals

Webinar: Beyond Boilerplate – Choice of Law and Choice of Jurisdiction Clauses

Multi-Jurisdictional Class Actions – Court Clarifies the Doctrine of Abuse of Process

To Refer or Not to Refer, That is the Question

Webinar: Entire Agreement Clauses

Estate Planning Considerations for Singles and Singles with Children

Innocent Vendors, Mitigating Damages, and Crediting Deposits: Clarifying the Rules

Webinar: Commercial Litigation Seminar – Pre-Litigation Positioning: Tips for Improving Your Case

Webinar: Exclusion of Liability Clauses

A Workable Compromise: “Client Focused” Reforms Finalized

Enhancing Security of Pensions in Insolvency Proceedings: Amendments to BIA and CCAA to Take Effect in November

Significant Changes to Rule 76 Simplified Procedure Actions Are Here

Time Off to Vote: An Overview of Employer Obligations on Election Day

The Ontario Court of Appeal Refuses to Strike a Claim in Negligence for Premature Commercialization

Any Port in a Storm: New Protections for IP Licensees Under Canada’s BIA and CCAA Legislation

Webinar: Employment Law Seminar

Webinar: Arbitration Clauses

Webcast: Bill 108 – More Homes, More Choice 2019 – What Will Change and What Will Remain?

The Arbitrator’s Right to be Unreasonable or Incorrect

Ulterior Motive? The Court Probably Doesn’t Care (And May Order Costs)

Onboard Maiden: A sailboat, an adventure, and a cause

Long-Term Care Homes Public Inquiry Recommends Systemic Changes In Response to Wettlaufer Offences

Rolling Limitation Periods: What Resets the Clock?

An Employee’s Retirement Plans Do Not Determine The Reasonable Notice Period

Court of Appeal Criticizes Trial Judge’s Conduct

Ontario Launches Consultation on Building More Homes that People Need and Can Afford

Transportation Notes: Proposed Discrimination Class Action by Airline Employee May Proceed

Security for Costs on Appeal: A “How To” Guide

The Standard of Appellate Review for Standard Form Contracts versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525

Trudeau, Ford Give Canada Day Cannabis Gifts: New Rules for Edibles and Retail Licensing in Ontario

Court of Appeal Refuses Leave to Appeal Costs Award Which Overshadowed Amount in Issue

Corporate Attribution and Knowing Assistance: Active Participation Required

Words Matter: Lessons from the Essilor Decision and Other Musings

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