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Mar 25, 2019

The Avista and East-West Tie Cases, and Their Implications for the Governance of the Electricity Sector in Ontario

Please click here to read the full paper. I Introduction Two recent cases have highlighted a serious weakness in the governance of the electricity sector in…

Mar 22, 2019

Budget 2019 In-Depth: Pending Proposals to Limit Preferential Tax Treatment of Employee Stock Options

The 2019 Federal Budget announced the Canadian government’s intent to limit the preferential tax treatment afforded to employee stock options that are granted to “high income individuals…

Mar 18, 2019

Transportation Notes: Court Rules on Entitlement to Lost Baggage Compensation

The Ontario Superior Court of Justice recently ruled that in order to claim damages for lost baggage under the Convention for the Unification of Certain Rules for…

Mar 14, 2019

Criminal Records Redux: The New Posting Requirements in the Regulated Health Professions Act

Previously, in What You Need to Know about Police Record Checks,[1] we examined the new framework under the Police Record Checks Reform Act, 2015[2] for conducting and…

Mar 13, 2019

The Anti-SLAPP Sequel: Updates from the Court of Appeal on s. 137.1 of the Courts of Justice Act

On August 30, 2018, the Ontario Court of Appeal released six unanimous decisions, providing the first appellate interpretation of s. 137.1 of the Courts of Justice Act…

Mar 12, 2019

Murphy c. Grid Solutions Canada: A Quebec’s motion to dismiss is not intended to replace the trial

Recently, WeirFoulds Associate Marie-Pier Nadeau and local counsel successfully opposed a motion seeking the dismissal of our clients’ claim for abuse of procedure in Murphy c. Grid…

Feb 28, 2019

Transportation Notes: Class Action Regarding Flight Passes Denied Certification

The Québec Superior Court recently declined to certify a class action based on the application of certain sections of the Consumer Protection Act or its Alberta equivalent…

Feb 27, 2019

Promises to Repair and Limitation Periods: Extending the Time to Sue

A recent decision of the Court of Appeal shows that a defendant’s promise to fix a problem may extend the time limit for bringing a proceeding under…

Feb 22, 2019

Webinar: Let’s Mind the Data – Understanding Artificial Intelligence & Machine Learning

WeirFoulds, the Canadian Law Technology Association (CAN-TECH) and a cross section of industry professionals discuss Artificial Intelligence and Machine Learning, including the potential ethical implications in the…

Feb 20, 2019

The Independence of Expert Witnesses – Part II

This article continues the discussion in “The Independence of Expert Witnesses”, which was published on April 2, 2018. Now that we have some case law applying White…

Feb 8, 2019

A Refresher on Discoverability Principles

Several decisions were issued by the Ontario Court of Appeal over the last year regarding the discoverability principles under section 5 of the Limitations Act, 2002:[i] 5.…

Feb 4, 2019

Choose Your Words Wisely: Uber’s Arbitration Clause For Employees Rejected by Ontario’s Court of Appeal

On January 2, 2019, Nordheimer J.A., writing for a unanimous panel of the Ontario Court of Appeal, released his decision in Heller v Uber Technologies Inc. The…

Jan 29, 2019

Condominiums & Construction Liens

Registering construction liens against condominiums presents some unique challenges. This article will outline some of those challenges and present some check-lists that can be used to ensure…

Jamaica’s Charter of Fundamental Rights and Freedoms: An ineffective safeguard for oppression

At the signing of the Proclamation of the Constitution Act – and Canada’s Charter of Rights and Freedoms – in April 1982, the Right Honourable Pierre Elliott…

Jan 24, 2019

The Civil Trial in Ontario: The Culture Shift from the “Sport of Kings” Towards the “One Judge Model”

Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot – One Judge Model (the “Pilot”). Civil litigants may…

Jan 23, 2019

Foiled by Fonts: How Expert Evidence on Fonts Demonstrated Trusts Were Shams

The Ontario Superior Court of Justice recently reviewed the indicia of a sham trust in McGoey (Re).[1] Gerald McGoey, an undischarged bankrupt, and his wife, Kathryn McGoey,…

Jan 17, 2019

What is the Reasonable Apportionment of Fault? The Case of the CNRL Emulsion Pipeline Failure

In Canadian Natural Resources Limited v. Wood Group Mustang (Canada) Inc. (IMV Projects Inc.), 2018 ABCA 305, the Alberta Court of Appeal very recently dealt with an…

Jan 16, 2019

Streamlining Growth Management – Proposed Amendments to the Growth Plan for the Greater Golden Horseshoe, 2017

On January 15, 2019, the Minister of Municipal Affairs and Housing announced proposed amendments to the Growth Plan for the Greater Golden Horseshoe, 2017 (the “Growth Plan”)…

Jan 1, 2019

Transportation Notes: Federal Government Proposes Air Passenger Protection Regulations

The Canadian Transportation Agency (CTA) is seeking public review and comment on proposed Air Passenger Protection Regulations. The proposed regulations will establish a carrier’s minimum obligations toward…

Dec 19, 2018

Summary of Bill 66 – Proposed Planning Act Changes

On December 6, 2018, the Ontario Government introduced a bill entitled “Bill 66 – Restoring Ontario’s Competitiveness Act, 2018″ (“Bill 66“). Also introduced at the same time was…

Dec 17, 2018

Here One Minute, Gone the Next: BC Court of Appeal Overturns Chambers Judge’s Decision to Grant Leave to Appeal an Arbitral Award in Richmont Mines Inc. v. Teck Resources Limited

In its recent decision in Richmont Mines Inc. v. Teck Resources Limited, the British Columbia Court of Appeal emphasized the strict limits on the availability of appeal…

Dec 10, 2018

The Perils of Prediction: Lessons for Regulators in the Age of Big Data

You’ve likely read one too many articles that start by telling you that big data is watching you and predicting what you will do or buy next.…

Dec 6, 2018

Reminder to Ontario Corporations: Deadline to have your Real Property Register is December 10, 2018

In December 2016, new record keeping obligations were imposed by way of amendments to the Ontario Business Corporations Act (the “OBCA“); the Ontario Corporations Act (the “CA“); and the Ontario Not-for-Profit Corporations…

Dec 4, 2018

Start Shredding: The Ultimate Limitation Period Is About to Extinguish Claims

The Limitations Act, 2002 (“Act”) has been in force since January 1, 2004. However, section 15 of the Act, which establishes an ultimate limitation period of fifteen…

Nov 30, 2018

Webinar: Breakfast with the Information and Privacy Commissioner of Ontario, Brian Beamish

WeirFoulds hosted a breakfast seminar with the Information and Privacy Commissioner of Ontario, Brian Beamish, to discuss FIPPA, MFIPPA and PHIPA. Click here to access the webinar recording.…

Nov 29, 2018

Webinar: Hot Topics in Employment Law

Aisling Flarity, Sean Foran, Megan Mah and Daniel Wong from WeirFoulds, and Jason Mandlowitz of Mandlowitz Consulting take us through some current hot topics in employment law:…

Nov 27, 2018

Contracts with Arbitration and Jurisdictional Clauses: Are They in Conflict?

Contracts often contain both mandatory arbitration clauses and jurisdictional clauses that specify which courts have jurisdiction. These clauses need to be drafted carefully so that there is…

When can Directors of Charities be Compensated?

The holiday season is a time to reconnect with family and friends and reflect on the year that has passed. It is also a time of year…

Nov 20, 2018

Keys, Please: The Econolodge Park-and-Fly Conundrum

On October 19, 2018, the Supreme Court of Canada released its decision in 3091 5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Co. of Canada, 2018 SCC…

Nov 19, 2018

Supreme Court of Canada Refuses to Hear Appeal from Ontario Court of Appeal Decision Giving Ontario Municipalities More Independence Over Parkland

On November 15, 2018, the Supreme Court of Canada dismissed applications for leave to appeal from a decision of a three-judge panel of the Ontario Court of…

Nov 14, 2018

Three’s Company or Three’s a Crowd? Recent Guidance from the Courts on Third-Party Funding of Litigation

Overview Third-party funding of litigation is a relatively new phenomenon in Canada. Under this type of funding arrangement, a third-party lender agrees to advance funds to a…

Nov 8, 2018

The Laws They Are A’Changing (Again) – Backtrack on Bill 148: Proposed Reversals of Key Employment Law Changes in Ontario

On October 23, 2018, the Ontario government introduced Bill 47, entitled Making Ontario Open for Business Act, which would repeal various sections of the Fair Workplaces, Better Jobs Act,…

Nov 5, 2018

Saving Face: Minority Shareholder Estée Lauder Granted Interim Relief in Oppression Application Against Deciem Beauty Group

Toronto-based cosmetics company Deciem Beauty Group Inc. (“Deciem”) has been in the headlines following two recent decisions of the Commercial List,[1] in which the Ontario Superior Court…

Nov 1, 2018

Privacy Breaches: New Mandatory Notification Requirements Under PIPEDA

As of November 1st, 2018 new mandatory breach notification and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (“PIPEDA“) and the Breach of Security Safeguards Regulations came into…

Oct 29, 2018

All that Glisters is Not Tolled, but is the Story Fully Told?

On October 10th, 2018 the Ontario Court of Appeal released its decision dismissing the appeal in the case of National Money Mart Company v 24 Gold Group…

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