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May 4, 2018

British Overseas Territories Faced with Push for Transparency by UK Government

On 1 May 2018, the UK Government accepted an amendment to the Sanctions and Anti-Money Laundering Bill, which now heads back to the House of Lords. The amendment…

May 3, 2018

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

On April 30, 2018, the Court of Appeal for Ontario released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc., 2018 ONCA 407, reversing a decision…

Apr 24, 2018

A Caution about Cautions, SCERPs and Remedial Programs – The Impact of Publication

“…Health regulatory colleges should consider the effect of public disclosure of ICRC1 screening outcomes on their own decision-making. Traditionally, screening outcomes have been viewed as educational. In upholding…

Apr 23, 2018

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

Two decisions have been recently issued in respect of the claims brought by the investment management firm Catalyst Capital Group Inc. following its unsuccessful efforts to acquire…

Apr 9, 2018

Ontario’s New Standard Form of Residential Lease: What Landlords and Property Managers Need to Know

Background, Purpose, and Implementation of the New Lease1 Building on its 2017 expansion of rent control to all residential units and the City of Toronto’s recent registration…

Apr 4, 2018

Procuring Infrastructure Public Private Partnerships Report 2018 – The World Bank

WeirFoulds Partners Brad McLellan, Dan Ferguson, Heather Douglas and Associate Linda Malicki listed as Canada contributors in the recently published Procuring Infrastructure Public-Private Partnerships Report 2018.

Apr 2, 2018

The Independence of Expert Witnesses

Although the proposition that an expert should be independent has always been accepted wisdom, the requirement that an expert be independent has only recently been mandated by…

Apr 1, 2018

Enforcement of Judgments and Arbitral Awards Global Guide: Canada Q&A, Thomson Reuters, April 2018 (with Frank Walwyn)

This question-and-answer guide is a practical “how-to” guide on the enforcement of both domestic and foreign judgments and arbitral awards in Canada. In addition to setting out…

Mar 19, 2018

Powers of Outgoing Municipal Councils in an Election Year – Reminder

As you know, regular municipal elections are to be held on the fourth Monday in October. This year’s municipal election will take place on Monday, October 22,…

Mar 5, 2018

Proposed Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

On April 13, 2017, the Federal Government introduced Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code and other…

Mar 1, 2018

New Investment Powers: Prudent Investor Standard and Legal List Amendments

1. NEW PRUDENT INVESTOR STANDARD Prudent Investor Regime Section 418.1 of the Municipal Act, 2001 (the “Act“) that authorizes municipalities (other than the City of Toronto) to opt into…

New Investment Powers: Prudent Investor Standard and Legal List Amendments

1. NEW PRUDENT INVESTOR STANDARD Prudent Investor Regime Section 418.1 of the Municipal Act, 2001 (the “Act“) that authorizes municipalities (other than the City of Toronto) to opt into…

Feb 15, 2018

Frozen but Available: The Limits of a Mareva Injunction

In the recent decision Trade Capital Finance Corp. v Cook, the Ontario Court of Appeal considered a claim of a non-party creditor over the defendant’s funds that were…

Jan 30, 2018

What You Need to Know – Legislative Updates for Delivery of Health Care in Ontario

The Ministry of Health and Long-Term Care was exceptionally busy in the last couple of months. The purpose of this bulletin is to provide you an update on some significant initiatives that were completed by the Government as of January 1, 2018 and to make educated guesses on what we might see in the months ahead.

Jan 16, 2018

Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal

In the April, 2017 case of Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293, the Ontario Court of Appeal had occasion to revisit an issue that…

Jan 8, 2018

Equity Rules the Day: The Supreme Court of Canada Clarifies the Tenets of Proprietary Estoppel

In December 2017, the Supreme Court of Canada released its decision in Cowper-Smith v. Morgan, 2017 SCC 61, a case dealing with the issue of proprietary estoppel. While the facts of this case are borne out of circumstances relating to an estate, the law as set out by the Supreme Court can be equally applied in the context of commercial litigation in relation to promises made in a commercial context.

Dec 22, 2017

Using change directives to delay compensation and adjustments to the project schedule

Acceleration; critical path; milestones; liquidated damage; change directives; and change orders. These are terms used in today’s fast-paces construction industry where project delays have serious financial consequences and parties are required to perform addition work before the terms upon which the work is to be performed are agreed.

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Publications

British Overseas Territories Faced with Push for Transparency by UK Government

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

A Caution about Cautions, SCERPs and Remedial Programs – The Impact of Publication

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

Ontario’s New Standard Form of Residential Lease: What Landlords and Property Managers Need to Know

Procuring Infrastructure Public Private Partnerships Report 2018 – The World Bank

The Independence of Expert Witnesses

Enforcement of Judgments and Arbitral Awards Global Guide: Canada Q&A, Thomson Reuters, April 2018 (with Frank Walwyn)

Powers of Outgoing Municipal Councils in an Election Year – Reminder

Proposed Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

New Investment Powers: Prudent Investor Standard and Legal List Amendments

New Investment Powers: Prudent Investor Standard and Legal List Amendments

Prudent Investor Legislative Provisions Update – Fifth

Frozen but Available: The Limits of a Mareva Injunction

Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland

What You Need to Know – Legislative Updates for Delivery of Health Care in Ontario

Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal

Equity Rules the Day: The Supreme Court of Canada Clarifies the Tenets of Proprietary Estoppel

Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure

Using change directives to delay compensation and adjustments to the project schedule

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