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Publications

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Mar 2, 2020

Clearing the Track: Ontario’s Proposals to Speed Transit Construction in the Building Transit Faster Act

The Ontario Government introduced Bill 171, An Act to enact the Building Transit Faster Act, 2020 and make related amendments to other Acts, on February 18, 2020.…

Feb 28, 2020

Proposed Regulatory Matters Pertaining to Community Benefits Authority Under the Planning Act, the Development Charges Act, and the Building Code Act

The Ministry has released the regulatory proposal on the proposed components of a new community benefits charge authority for public comment. There is a 31-day consultation period…

Transportation Notes: Canada’s Accessible Transportation For Persons With Disabilities Regulations

In 2019, the Canadian federal government made a push to address barriers for persons with disabilities, including by passing the Accessible Canada Act. The stated goal is to…

Feb 24, 2020

Cannabis Lounges and Cafés on the Horizon in Ontario

In an effort to move towards an open market for cannabis, the Ontario Government recently launched an online consultation to ask the public, businesses, health sector, and…

Feb 20, 2020

Flexible Boundaries: The Scope of “Surrounding Circumstances” in Contract Interpretation

Modern contract interpretation requires a court to read the words used in a contract in a manner consistent with the “surrounding circumstances” known to the parties at…

Feb 11, 2020

Internal Communications with Law Firm Committees: Privileged?

In Lipson v Cassels Brock & Blackwell LLP, 2019 ONSC 5483, 148 O.R. (3d) 146, a class action by investors against a law firm, Justice Perell revisits…

Feb 5, 2020

Webinar Series: Beware of Boilerplate

The WeirFoulds Commercial Litigation Group presents a series of webinars based on a highly popular previous client seminar entitled “Beware of Boilerplate: What you need to know…

Enforcing foreign judgments in Ontario: here comes the story of the hurricane

The tale of the fight between Antiguan company HMB Holdings Limited (“HMB“) and the Government of Antigua and Barbuda enters a new decade and continues in the…

Jan 15, 2020

Webinar: Employment Law Seminar

This employment law seminar covers a variety of topics including workplace harassment, pay equity, employment terminations and privacy. Topics and Speakers: Introduction Daniel Wong, Partner and Chair, Employment…

Jan 14, 2020

Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members

While voluntary associations usually deal with their members in an informal and non-legalistic manner, a recent decision of the Court of Appeal for Ontario is a good…

Dec 19, 2019

Blazing A New Trail: Ontario To Adopt an Open Cannabis Retail Market

For cannabis retail operators in Ontario, Christmas came early this year when the Ontario government announced that it would be scrapping the widely-criticized lottery system for awarding…

Dec 17, 2019

The Caribbean Court of Justice and Appealing to Accession

The debate surrounding the accession to a final appellate court for the Caribbean Region rather than to the Judicial Committee of the Privy Council (“Privy Council” or…

Dec 16, 2019

Goodbye to “Ghost Hotels”: Tribunal Upholds City of Toronto’s Efforts to Regulate Short-Term Rentals

Changes are coming to how Airbnb and other short-term accommodation marketplace websites operate in Toronto after a failed challenge by a group of landlords to the City…

Webinar: Beyond Boilerplate – Choice of Law and Choice of Jurisdiction Clauses

In this webinar, Nadia Chiesa and Kayla Theeuwen discuss how to transform boilerplate jurisdiction and choice of law clauses to reduce uncertainty and costs in litigation. They…

Dec 13, 2019

Multi-Jurisdictional Class Actions – Court Clarifies the Doctrine of Abuse of Process

In DALI 675 Pension Fund v SNC Lavalin, 2019 ONSC 6512, the Ontario Superior Court provided guidance about the court’s ability to stay a class action at…

Dec 6, 2019

To Refer or Not to Refer, That is the Question

Public reaction to the recent case of Tanase v. The College of Dental Hygienists of Ontario[1] was widespread and critical.[2] In this case, the Divisional Court upheld…

Nov 25, 2019

Webinar: Entire Agreement Clauses

In this webinar, John Buhlman and Megan Mah discuss the purpose, importance, and enforceability of entire agreement clauses. They also share some helpful drafting tips to consider…

Nov 19, 2019

Estate Planning Considerations for Singles and Singles with Children

While making a Will may seem like a one-size-fits-all endeavour to many, customizing an estate plan is a delicate exercise, especially as life changes and circumstances evolve.…

Nov 6, 2019

Innocent Vendors, Mitigating Damages, and Crediting Deposits: Clarifying the Rules

The Ontario Court of Appeal has recently clarified the rules when a vendor relists a property and sells it at a loss following the original purchaser’s default. …

Webinar: Commercial Litigation Seminar – Pre-Litigation Positioning: Tips for Improving Your Case

Our commercial litigators discuss best practices for when litigation is anticipated, including tips to avoid litigation and/or to position your case in the best possible way for…

Oct 30, 2019

Webinar: Exclusion of Liability Clauses

In this webinar, Michael Statham and Caitlin Steven discuss the enforceability of exclusion of liability clauses. An exclusion clause is a provision in a commercial contract intended…

A Workable Compromise: “Client Focused” Reforms Finalized

The prolonged effort on the part of Canadian regulators to elevate the statutory standard of conduct required of financial advisors and other registrants and the equally sustained…

Oct 29, 2019

Enhancing Security of Pensions in Insolvency Proceedings: Amendments to BIA and CCAA to Take Effect in November

On November 1, 2019, several amendments to the Bankruptcy and Insolvency Act (the BIA) and the Companies Creditors’ Arrangement Act (the CCAA) will take effect. Previously, our…

Oct 24, 2019

Significant Changes to Rule 76 Simplified Procedure Actions Are Here

Amendments to Rule 76 of the Rules of Civil Procedure were filed on October 23, 2019.  These amendments, effective January 1, 2020, will see major changes to…

Oct 17, 2019

Time Off to Vote: An Overview of Employer Obligations on Election Day

As Canadians head to the polls for the federal election on Monday, October 21st, employers should be aware of their obligations to employees under the Canada Elections…

Oct 16, 2019

The Ontario Court of Appeal Refuses to Strike a Claim in Negligence for Premature Commercialization

The principles set out in the decision of the Supreme Court of Canada in Deloitte & Touche v Livent Inc. (Receiver of) (“Livent”)[1] are frequently relied upon…

Oct 8, 2019

Any Port in a Storm: New Protections for IP Licensees Under Canada’s BIA and CCAA Legislation

Insolvency, restructurings, and proposals create tidal waves of uncertainty for the numerous parties implicated in the proceedings. Third party intellectual property licensees who have relied on a…

Oct 7, 2019

Webinar: Employment Law Seminar

This employment law seminar covers a variety of topics including executive compensation, surviving the litigation process, workplace harassment investigations and termination clauses.   Topics and Speakers: Introduction…

Sep 30, 2019

Webinar: Arbitration Clauses

This webinar deals with general considerations with respect to proceeding to arbitration, the jurisdiction of the arbitrator, appeal rights, and the legislative framework for the enforceability of…

Sep 26, 2019

Webcast: Bill 108 – More Homes, More Choice 2019 – What Will Change and What Will Remain?

The WeirFoulds Municipal, Planning and Land Development Practice Group hosted a seminar on Bill 108, the More Homes, More Choice Act, 2019.   Seminar Description: Ontario’s newly…

Sep 19, 2019

The Arbitrator’s Right to be Unreasonable or Incorrect

It was for the arbitrator, not the court, to interpret and apply the substantive provisions of the [agreement], and it is of no moment whether the arbitrator…

Aug 27, 2019

Ulterior Motive? The Court Probably Doesn’t Care (And May Order Costs)

Litigants (and their lawyers) often develop theories regarding a party’s underlying motivation in a legal dispute. While these theories sometimes provide useful insight into a party’s strategy…

Aug 15, 2019

Onboard Maiden: A sailboat, an adventure, and a cause

Perhaps it is a bit of a cliché, but I’ll admit that this is one of my favourite expressions. It came to mind when I first heard…

Aug 8, 2019

Long-Term Care Homes Public Inquiry Recommends Systemic Changes In Response to Wettlaufer Offences

On July 31, 2019, the final report and recommendations of the Long-Term Care Homes Public Inquiry were released. The Inquiry, which had a two-year mandate, was charged…

Aug 7, 2019

Rolling Limitation Periods: What Resets the Clock?

What will establish a “rolling” limitation period? In other words, why does the limitation clock start over again in one case, but not another? The Ontario Court…

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