Jan 21, 2021Privacy Web Series: A Primer on the Proposed Legislative Changes in Privacy Law A long-awaited overhaul of privacy law is at hand to bring Canadian privacy legislation more in line with global standards, and address the challenges posed by new…
Here’s the Drill: Prompt Payment – Are your contracts in order? In October 2019, the prompt payment rules were introduced to Ontario’s construction industry as part of the province’s updated Construction Act. The rules mark a significant shift…
Jan 18, 2021Is it Time For Employers to Review Your Employment Contracts? The Supreme Court of Canada Says Yes On January 14, 2021, the Supreme Court of Canada denied Swegon North America Inc.’s application for leave to appeal the Ontario Court of Appeal’s decision in Waksdale…
Jan 16, 2021Appealing Forum Non Conveniens: Key Considerations The recent decision of the Ontario Court of Appeal in GIAO Consultants Ltd. v 7779534 Canada Inc., 2020 ONCA 778 (“GIAO Consultants”) provides some key considerations for parties…
Jan 14, 2021Ontario Ramps up Workplace Inspections to Combat COVID-19 The Ontario government recently announced additional measures aimed at addressing the recent rise in COVID-19 cases in the province,[1] and are now taking steps to ensure that…
Jan 13, 2021Ontario Declares Emergency and Issues Stay-at-Home Order: What are the Implications for Employers? Ontario has declared a second provincial emergency under the Emergency Management and Civil Protection Act in response to the growing number of COVID-19 cases in the province.…
Jan 12, 2021Conduct Matters in Contracts: What You Need to Know About the Duty of Honest Performance in Construction Contracts On December 18, 2020, the Supreme Court of Canada (“SCC”) released its decision in C.M. Callow Inc v Tammy Zollinger[1] (“Callow”); this decision will impact contractors, subcontractors,…
Jan 6, 2021Limitation Periods and COVID-19: Where Do Things Stand? Courts across Canada shut down for a period of time in 2020 to respond to the COVID-19 pandemic. Several provinces and one territory suspended limitation periods in…
Jan 5, 2021Comply or Beware: Toronto to Begin Naming Employers With COVID-19 Outbreaks As COVID-19 cases in the City of Toronto continue to rise, local health officials are imposing additional requirements on employers to combat the spread. On Monday, January…
Jan 4, 2021Kinectrics 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, 2020Ontario 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, 2020Business 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, 2020Ontario’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, 2020An 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, 2020TSXV 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, 2020Rules 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, 2020Transportation 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, 2020Webinar: 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, 2020Transportation 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, 2020Supreme 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, 2020Bill 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, 2020Transportation 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, 2020Reflections 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, 2020Control 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, 2020Proposed 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, 2020Community 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, 2020Ontario 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, 2020Court 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, 2020New 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, 2020Ontario 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…