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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.

Dec 8, 2017

International Anti-Corruption Day: 9 December

International Anti-Corruption Day has been recognized on an annual basis since the passage of the United Nations Convention against Corruption which Canada has ratified in 2003. This year, International Anti-Corruption Day falls on 9 December 2017.

“Entrepreneurial” Class Plaintiff Hit With $1 Million Costs Award

In Yip v. HSBC Holdings plc, a decision released on November 20, 2017, Justice Perell awarded partial indemnity costs of $1 million to defendants that had succeeded, on jurisdictional and forum conveniens grounds, in defeating a proposed shareholder class action.

WeirFoulds Securities Law Review

Our coverage is succinct and targeted to serve the needs of issuers and their advisors. For more detailed information on our service offerings, please visit us online…

Dec 6, 2017

Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors

Many mortgage enforcement actions proceed through Ontario courts every day. When mortgagees are not paid in accordance with the terms to which they have agreed with the mortgagor, they have a number of options open to them. These options include foreclosure and power of sale proceedings.

Dec 4, 2017

Divisional Court Offers First Interpretation of New Interim Suspension Powers Under the RHPA

Introduction In Rohringer v Royal College of Dental Surgeons of Ontario (2017),1 the Divisional Court issued its first decision applying the new interim suspension powers in the Regulated Health Professions…

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Publications

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

International Anti-Corruption Day: 9 December

“Entrepreneurial” Class Plaintiff Hit With $1 Million Costs Award

Webinar Series: All About Shareholders

WeirFoulds Securities Law Review

Lenders Should Think Twice Before Foreclosing on Sympathetic Mortgagors

Divisional Court Offers First Interpretation of New Interim Suspension Powers Under the RHPA

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