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Aug 29, 2018

Ontario Court of Appeal Affirms Dismissal of Action Against Auditors Because of Failure to Prove Damages

The Court of Appeal for Ontario recently addressed the issue of auditor’s liability, post-Livent[1], in Fairfield Sentry Ltd. v PricewaterhouseCoopers LLP, 2018 ONCA 696. The Court of…

Aug 14, 2018

Ontario Government Makes Policy U-Turn: Doug Ford’s Plan for the Private Retail Sale of Cannabis

Fresh off his convincing electoral victory, Premier Doug Ford has announced that he plans to begin the process of scrapping Ontario’s existing approach to the retail sale…

Is the Clock Ticking? The Court of Appeal Discusses Discoverability and the Application of Section 5(1)(a)(iv) of the Limitations Act, 2002

In Gillham v. Lake of Bays (Township), 2018 ONCA 667, a case about the discoverability of claims for damages arising out of construction deficiencies, the Court of…

Aug 8, 2018

Out of the Weeds: What You Need to Know About the Cannabis Act as an Employer

On June 20, 2018, the Government of Canada passed Bill C-45, the Cannabis Act, which will, among other things, legalize the recreational use of cannabis. The Cannabis…

Aug 3, 2018

Out of time: The Court of Appeal Discusses When a Claim is “Discovered” Within the Meaning of the Limitations Act, 2002

When does the limitation clock start ticking? The answer is not always clear, particularly when a claimant’s damages are yet to be quantified. In Davies v. Davies…

International Commercial Arbitration Awards: When Does an Arbitration Award Become Binding?

And so the saying went for Mr. Popack and Mr. Lipszyc, the parties in the recent decision of the Court of Appeal in Popack v Lipszyc, 2018…

The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.

In Di Gregorio v Sunwing Vacations Inc.[1], the Court of Appeal allowed an appeal from the decision of a motion judge dismissing the appellants’ claim based on…

Jul 26, 2018

Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada

In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal recently examined whether there was a bar to subrogation in…

Jun 26, 2018

Partial Settlements and Other Litigation Agreements in Multi-Party Actions: The Peril of Non-Disclosure

A recent decision of the Ontario Court of Appeal provides a stark reminder that when a partial settlement or other litigation agreement is reached in multi-party litigation,…

Jun 19, 2018

Libel Tourism and Forum Shopping: The Supreme Court of Canada Applies the Van Breda Test to an Internet Defamation Claim

In Haaretz.com v. Goldhar,[1] a decision released on June 6, 2018, the Supreme Court of Canada confronted the array of thorny analytical and practical issues raised by…

Jun 15, 2018

What You Need to Know about Police Record Checks

If you’re like me and had all but forgotten about the new Police Record Checks Reform Act, 2015,[1] you are forgiven – you’re not the only one.…

Jun 7, 2018

Update to 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…

Jun 5, 2018

Ontario Introduces New Cannabis Legislation: What You Need to Know About the Impact on Commercial Real Estate and Leasing

Originally published by WeirFoulds LLP, November 2017. Reprinted in Institute of Municipal Assessors, Spring 2018. Introduction: Bill 174 In order to meet the federal government’s July 1,…

May 30, 2018

An end to the enforcement saga? Yaiguaje v. Chevron Corporation and the Preservation of the Corporate Veil

In its recent decision in Yaiguaje v. Chevron Corporation, 2018 ONCA 472, the Court of Appeal clarifies the interpretation of the Execution Act, R.S.O., 1990, c. E.24, and reiterates…

May 24, 2018

No Family Resemblance Here: Tiffin Overturned on Appeal

Securities regulators must be breathing a sigh of relief. An earlier decision in Ontario Securities Commission v Tiffin1 was the cause of no small amount of consternation…

Is Your RAQ Ready? 2018 Risk Assessment Questionnaire (RAQ) Due Dates are Coming Up

The Ontario Securities Commission (OSC) conducts examinations of registrant firms with respect to their compliance with regulatory requirements. The OSC gathers information about each firm including as…

May 22, 2018

The Mareva Injunction: A “vital arrow” for fraud victims, according to Ontario’s Divisional Court

In a recent decision, Ontario’s Divisional Court reviewed the requirements for succeeding in obtaining a Mareva injunction, and, more importantly, reaffirmed the importance of such an injunction in fraud…

May 17, 2018

Backtrack on Bill 148: Changes to Calculating Public Holiday Pay for Employers in Ontario

On May 7, 2018, the Ontario government announced that the Ontario Ministry of Labour will conduct a review of the public holiday system under Part X of…

AML Update: Looking Ahead in 2018: Investment Funds Bulletin

The Proceeds of Crime (Money Laundering) and Terrorist Financing Act (PCMLTFA) provides for there to be a review by Parliament of the administration and operation of the Act every…

May 4, 2018

British Overseas Territories Faced with Push for Transparency by UK Government

On 1 May 2018, the UK Government accepted an amendment to the Sanctions and Anti-Money Laundering Bill, which now heads back to the House of Lords. The amendment…

May 3, 2018

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

On April 30, 2018, the Court of Appeal for Ontario released its decision in 1688782 Ontario Inc. v Maple Leaf Foods Inc., 2018 ONCA 407, reversing a decision…

Apr 24, 2018

A Caution about Cautions, SCERPs and Remedial Programs – The Impact of Publication

“…Health regulatory colleges should consider the effect of public disclosure of ICRC1 screening outcomes on their own decision-making. Traditionally, screening outcomes have been viewed as educational. In upholding…

Apr 23, 2018

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

Two decisions have been recently issued in respect of the claims brought by the investment management firm Catalyst Capital Group Inc. following its unsuccessful efforts to acquire…

Apr 9, 2018

Ontario’s New Standard Form of Residential Lease: What Landlords and Property Managers Need to Know

Background, Purpose, and Implementation of the New Lease1 Building on its 2017 expansion of rent control to all residential units and the City of Toronto’s recent registration…

Apr 4, 2018

Procuring Infrastructure Public Private Partnerships Report 2018 – The World Bank

WeirFoulds Partners Brad McLellan, Dan Ferguson, Heather Douglas and Associate Linda Malicki listed as Canada contributors in the recently published Procuring Infrastructure Public-Private Partnerships Report 2018.

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

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…

Feb 14, 2018

Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland

In a long-awaited decision released on January 29, 2018, a 3-judge panel of the Ontario Court of Appeal unanimously upheld a Divisional Court decision confirming the rights…

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.

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Ontario Court of Appeal Affirms Dismissal of Action Against Auditors Because of Failure to Prove Damages

The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.

Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

Frozen but Available: The Limits of a Mareva Injunction

Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland

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Publications

Ontario Court of Appeal Affirms Dismissal of Action Against Auditors Because of Failure to Prove Damages

Ontario Government Makes Policy U-Turn: Doug Ford’s Plan for the Private Retail Sale of Cannabis

Is the Clock Ticking? The Court of Appeal Discusses Discoverability and the Application of Section 5(1)(a)(iv) of the Limitations Act, 2002

Out of the Weeds: What You Need to Know About the Cannabis Act as an Employer

Out of time: The Court of Appeal Discusses When a Claim is “Discovered” Within the Meaning of the Limitations Act, 2002

International Commercial Arbitration Awards: When Does an Arbitration Award Become Binding?

The Court of Appeal Addresses Various Aspects of Appellate Review in Di Gregorio v Sunwing Vacations Inc.

Fourth Time’s Not A Charm: A Case of Subrogation Despite Contrasting Trilogy of Decisions by the Supreme Court of Canada

Partial Settlements and Other Litigation Agreements in Multi-Party Actions: The Peril of Non-Disclosure

Libel Tourism and Forum Shopping: The Supreme Court of Canada Applies the Van Breda Test to an Internet Defamation Claim

What You Need to Know about Police Record Checks

Update to Regulations and Distribution of Recreational Cannabis in Canadian Provinces and Territories

Ontario Introduces New Cannabis Legislation: What You Need to Know About the Impact on Commercial Real Estate and Leasing

An end to the enforcement saga? Yaiguaje v. Chevron Corporation and the Preservation of the Corporate Veil

No Family Resemblance Here: Tiffin Overturned on Appeal

Is Your RAQ Ready? 2018 Risk Assessment Questionnaire (RAQ) Due Dates are Coming Up

The Mareva Injunction: A “vital arrow” for fraud victims, according to Ontario’s Divisional Court

Backtrack on Bill 148: Changes to Calculating Public Holiday Pay for Employers in Ontario

AML Update: Looking Ahead in 2018: Investment Funds Bulletin

British Overseas Territories Faced with Push for Transparency by UK Government

Out of Scope – The Court of Appeal Finds that the Duty to Supply Product Fit for Human Consumption Does Not Extend to Franchisees’ Pure Economic Loss

A Caution about Cautions, SCERPs and Remedial Programs – The Impact of Publication

The Latest in the Catalyst Capital Litigation Saga: Spoliation, Substantial Indemnity Costs and Abuse of Process

Ontario’s New Standard Form of Residential Lease: What Landlords and Property Managers Need to Know

Procuring Infrastructure Public Private Partnerships Report 2018 – The World Bank

The Independence of Expert Witnesses

Enforcement of Judgments and Arbitral Awards Global Guide: Canada Q&A, Thomson Reuters

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

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