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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

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

In Toronto Standard Condominium Corporation No. 1628 v. Toronto Standard Condominium Corporation No. 1636, 2020 ONCA 612, an appeal was brought from the order of a motion judge…

Oct 1, 2020

New Minimum Wage for Employees in Ontario

Effective October 1, 2020, the general minimum wage for employees in Ontario increased by 25 cents, to $14.25 per hour. This is the first time the minimum…

Sep 29, 2020

Ontario Issues a New COVID-19 Screening Tool for Workplaces

On September 25, 2020, the Ontario Ministry of Health issued Version 1 of the COVID-19 Screening Tool for Workplaces (Business and Organizations) (the “Screening Tool”). On September…

Uber Arbitration Agreement not so Uber

Uber Arbitration Agreement not so Uber[1] In my April 16, 2018, blog,[2] I wrote about the Superior Court of Justice’s decision upholding the arbitration provisions in an…

Sep 23, 2020

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

In Elias Restaurant v Keele Sheppard Plaza Inc., 2020 ONSC 5457, Justice Morgan of the Ontario Superior Court of Justice commented on the racist overtones of the…

Sep 4, 2020

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

On September 3, 2020, the Ontario government extended the relief for employers from the temporary layoff provisions under the Ontario Employment Standards Act, 2000 (ESA) until January…

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…

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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

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

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