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Aug 31, 2020

The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption

In Grasshopper Solar Corporation v Independent Electricity System Operator,[1] the Court of Appeal agreed that a contractual party has a right to terminate a contract without paying…

Aug 21, 2020

Multiple Choice: Canada to Replace CERB with New and Revised Income Support Programs for Employees

As Canadian businesses and workers continue to feel the effects of the COVID-19 pandemic, the Canadian government has announced several income support measures. The Canada Emergency Response…

Aug 20, 2020

A Deal’s a Deal: The Enforcement of Settlements

A short decision from the Court of Appeal for Ontario in Neilas (799 College St) Inc. v Houston Engineering & Drafting Inc.,[1] released on August 6, 2020,…

Aug 13, 2020

Federal Government Extends the Canada Emergency Wage Subsidy Program: What Employers Need to Know

The Canada Emergency Wage Subsidy (“CEWS”) program was launched in April of 2020 to help mitigate the impact of the COVID-19 pandemic to Canadian employers. Originally intended…

Aug 5, 2020

The Clock is Ticking: The Expiration of the Deemed Infectious Disease Emergency Leave and Next Steps for Ontario Employers

On July 24, 2020, the Ontario state of emergency quietly ended with the passing of the Reopening Ontario (A Flexible Response to COVID-19) Act, 2020 (the “Act”).[1]…

Jul 28, 2020

Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)

In Atlantic Lottery Corporation Inc. v Babstock[1] released on July 24, 2020, the Supreme Court of Canada unanimously held that “waiver of tort” was not a cause…

Jul 27, 2020

Transportation Notes:Transportation Appeal Tribunal Unable to Consider Costs After Withdrawal

The Federal Court of Canada recently upheld a decision of the Transportation Appeal Tribunal of Canada (“TATC”) finding that the tribunal did not have jurisdiction accept submissions…

Jul 20, 2020

Transportation Notes: Passenger’s Fall Due to Unsteadiness Not an Accident Under the Convention

The British Columbia Civil Resolution Tribunal (the “BCCRT”) – the equivalent of the Province’s Small Claims Court – recently ruled in favour of an air carrier, dismissing…

Jul 13, 2020

Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle

The recent decision of the Ontario Court of Appeal in Tran v Bloorston Farms Ltd., 2020 ONCA 440, provides a helpful explanation and clarification of the rule…

Jul 9, 2020

Ontario Court of Appeal Finds Unenforceable Language in “For Cause” Termination Provision to be Fatal Even When Employee Terminated “Without Cause”

The Ontario Court of Appeal’s decision in Waksdale v. Swegon North America Inc.[1] was released on June 17, 2020 and is the latest in a series of…

Jul 3, 2020

Canada Emergency Commercial Rent Assistance (CECRA) Extended

On April 16, 2020, Prime Minister Justin Trudeau introduced the Canada Emergency Commercial Rent Assistance (CECRA) program to deliver more than $900 million in urgent rent relief…

Jun 23, 2020

Demand Without Supply: Preparing for Supply Chain Issues on Construction Projects

Construction is now an essential workplace, and although all work is allowed to start or continue, it is not business as usual. The continuing local and global…

The Bluberi Decision: “No” to Vote-Rigging and “Yes” to Litigation Funding

On May 8, 2020, the Supreme Court of Canada (“SCC”) released its decision in 9354-9186 Québec inc. v. Callidus Capital Corp.,[1] after hearing arguments on January 23,…

Jun 18, 2020

Commercial Tenant Relief Provided: the Protecting Small Business Act, 2020

On April 16, 2020, Prime Minister Justin Trudeau introduced the Canada Emergency Commercial Rent Assistance (CECRA) program to deliver more than $900 million in urgent relief to…

Jun 17, 2020

Time to Start Again: Land Use Planning in the Pandemic

Effective June 22, 2020, the Province will restart the clock for many of the time periods applicable to land use planning under the Planning Act and the…

Jun 8, 2020

“Automatic, Immediate and Ongoing”: The Court of Appeal Emphasizes the Fundamental Obligation of Litigants to Disclose Relevant Documents

The Ontario Court of Appeal recently upheld the decision of a motion judge to strike out a statement of defence as a remedy for repeated failures to…

Jun 5, 2020

The Long-Term Impact of COVID-19 on Short-Term Rentals

UPDATE: On June 5, 2020, the Ontario government lifted the restrictions on short-term rentals effective immediately Following on from 2019, 2020 is off to a bad start…

Jun 4, 2020

Construction Site and COVID-19: Health and Safety Resources

We understand that your inbox, Twitter feed and the news are full of COVID-19 updates, articles and notices. The recommendations and information about health and safety are…

Jun 1, 2020

Ontario Government Introduces Significant Changes to Temporary Layoffs and Constructive Dismissals under the ESA, 2000

On May 29, 2020, the Ontario government filed Ontario Regulation 228/20 (the “Regulation”).[1] This Regulation, made under Ontario’s Employment Standards Act, 2000, (the “ESA”) provides some clarity…

May 27, 2020

Agreements of Purchase and Sale in the Time of COVID-19

Due to the COVID-19 pandemic, the Federal government has lowered interest rates and some businesses are cautiously optimistic that the worst is over. In anticipation of Ontarians…

May 21, 2020

Court of Appeal Confirms its Jurisdiction to Hear Appeals in Writing Over the Objection of a Party

In 4352238 Canada Inc. v SNC Lavalin Group Inc.,[1] the Ontario Court of Appeal gave notice that it is determined to proceed with appeals, where possible to…

Planning Ahead in a COVID-19 World: Short and Long Term Considerations for Returning to an Office Workplace

For the past few months, businesses have been focused on navigating their operations and employees through the COVID-19 world, and the many government directives and regulations that…

May 20, 2020

New Details Emerge about Ontario-Canada Emergency Commercial Rent Assistance Program – but Questions Still Remain

On April 16, 2020 Prime Minister Justin Trudeau introduced the Canadian Emergency Commercial Rent Assistance (CECRA) program to help landlords and tenants weather the impact of the COVID-19 pandemic.…

May 15, 2020

Back in Business? Strict Requirements and Other Considerations for Ontario Employers as Select Businesses are Permitted to Reopen

On May 14, 2020, the Province of Ontario issued its “Detailed List of Stage 1 Openings”.[1] Effective May 19, 2020, Ontario will enter “Phase 2” of the…

Is Your Construction Site an Essential Service?

UPDATED: May 15, 2020 As far as the construction industry is concerned, things are starting to get back to normal. Beginning Tuesday, May 19, 2020, the Government…

Rectification on the Basis of Implied Terms and Business Efficacy

The Ontario Court of Appeal recently reviewed the law applicable to rectification claims and the interpretation of contracts in 2484234 Ontario Inc. v Hanley Park Developments Inc.[1]…

May 11, 2020

Arbitrator rules part-time university professors are hired under fixed-term employment contracts and are not eligible for ESA 6% vacation pay benefit

Co-author David Bolger is a Special Advisor, Legal Counsel at the University of Ottawa. University of Ottawa and the Association of Part-Time Professors of the University of…

May 7, 2020

So You’re Thinking of Going Back to Work… A Legal Perspective for Leasing Professionals | Part 2

Click here to read Part 1 of this article What is a tenant or landlord to do if the tenant can no longer afford the premises they…

May 6, 2020

So You’re Thinking of Going Back to Work… A Legal Perspective for Leasing Professionals | Part 1

As we look toward the future and think about reopening our country, all of us in commercial leasing are asking principally the two same questions: What will…

May 4, 2020

Understanding the Impact of Commercial Rent Deferrals on Landlord GST/HST Remittance Obligations

As the COVID-19 crisis continues, businesses have largely closed on a temporary basis to comply with public health orders across all provinces (though we are now seeing…

May 1, 2020

How “Non-Essential” Businesses can Manage Ontario’s Business Restrictions during COVID-19

On March 24, 2020, the Province of Ontario declared a state of emergency under the Emergency Management and Civil Protection Act[1] in response to the COVID-19 pandemic.…

As Ontario Begins to Reopen, Provincial Health and Safety Associations Provide Guidance to Employers Regarding the COVID-19 Pandemic

The COVID-19 pandemic presents a myriad of challenges for employers. In addition to the financial and social issues posed by the pandemic, employers are under increased pressure…

Apr 29, 2020

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Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)

Planning Ahead in a COVID-19 World: Short and Long Term Considerations for Returning to an Office Workplace

Rectification on the Basis of Implied Terms and Business Efficacy

How “Non-Essential” Businesses can Manage Ontario’s Business Restrictions during COVID-19

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Publications

The Collapse of a House of Cards: Estoppel by Convention and the Need for a Shared Assumption

Multiple Choice: Canada to Replace CERB with New and Revised Income Support Programs for Employees

A Deal’s a Deal: The Enforcement of Settlements

Federal Government Extends the Canada Emergency Wage Subsidy Program: What Employers Need to Know

The Clock is Ticking: The Expiration of the Deemed Infectious Disease Emergency Leave and Next Steps for Ontario Employers

Waiver of Tort Is Dead, Long Live Disgorgement (Maybe)

Transportation Notes:Transportation Appeal Tribunal Unable to Consider Costs After Withdrawal

Transportation Notes: Passenger’s Fall Due to Unsteadiness Not an Accident Under the Convention

Old Case, New Gloss: The Ontario Court of Appeal Clarifies the Rule in Foss v Harbottle

Ontario Court of Appeal Finds Unenforceable Language in “For Cause” Termination Provision to be Fatal Even When Employee Terminated “Without Cause”

Canada Emergency Commercial Rent Assistance (CECRA) Extended

Demand Without Supply: Preparing for Supply Chain Issues on Construction Projects

The Bluberi Decision: “No” to Vote-Rigging and “Yes” to Litigation Funding

Commercial Tenant Relief Provided: the Protecting Small Business Act, 2020

Time to Start Again: Land Use Planning in the Pandemic

“Automatic, Immediate and Ongoing”: The Court of Appeal Emphasizes the Fundamental Obligation of Litigants to Disclose Relevant Documents

The Long-Term Impact of COVID-19 on Short-Term Rentals

Construction Site and COVID-19: Health and Safety Resources

Ontario Government Introduces Significant Changes to Temporary Layoffs and Constructive Dismissals under the ESA, 2000

Agreements of Purchase and Sale in the Time of COVID-19

Court of Appeal Confirms its Jurisdiction to Hear Appeals in Writing Over the Objection of a Party

Planning Ahead in a COVID-19 World: Short and Long Term Considerations for Returning to an Office Workplace

New Details Emerge about Ontario-Canada Emergency Commercial Rent Assistance Program – but Questions Still Remain

Back in Business? Strict Requirements and Other Considerations for Ontario Employers as Select Businesses are Permitted to Reopen

Is Your Construction Site an Essential Service?

Rectification on the Basis of Implied Terms and Business Efficacy

Arbitrator rules part-time university professors are hired under fixed-term employment contracts and are not eligible for ESA 6% vacation pay benefit

So You’re Thinking of Going Back to Work… A Legal Perspective for Leasing Professionals | Part 2

So You’re Thinking of Going Back to Work… A Legal Perspective for Leasing Professionals | Part 1

Understanding the Impact of Commercial Rent Deferrals on Landlord GST/HST Remittance Obligations

How “Non-Essential” Businesses can Manage Ontario’s Business Restrictions during COVID-19

As Ontario Begins to Reopen, Provincial Health and Safety Associations Provide Guidance to Employers Regarding the COVID-19 Pandemic

The “New Normal”: What Ontario’s Plan to Reopen Means for Employers

Hot Take: Mandatory Temperature Screenings are a Reasonable Imposition

Trudeau, Ford Announce Initial Details of Rental Assistance to Commercial Tenants

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