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Mar 6, 2018

The WeirFoulds Caribbean Practice Group brings Carnival spirit to Bay Street

On Thursday, 22 February, the WeirFoulds Caribbean Practice Group brought the Carnival spirit to Bay Street with steel pans, jerk chicken and dancing at the WeirFoulds 2018…

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 23, 2018

Prudent Investor Legislative Provisions Update – Fifth

The provisions of the Municipal Act, 2001 regarding the new prudent investment powers have been proclaimed in force as at March 1, 2018.  However, the new prudent investor regime…

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

Preparing for Adjudication? How to Govern Yourself Accordingly

The Construction Act is on its way to Ontario, and with it comes the advent of adjudication. As many will already know or soon find out, Ontario’s adjudication process will…

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…

Hard Hat and Plans

Feb 13, 2018

RICS & CIQS 5th Annual Construction & Project Management Seminar

WeirFoulds Partner Glenn Ackerley will Chair the RICS & CIQS 5th Annual Construction & Project Management Seminar.

Compliance Word Cloud

2018 CLEAR Annual Educational Conference

WeirFoulds lawyers Debbie Tarshis, Jill Dougherty, Alexandra Wilbee, Lara Kinkartz and WeirFoulds alumni, Priya Morley will be speaking at the 2018 CLEAR Annual Educational Conference in Philadelphia, Pennsylvania. CLEAR’s Annual…

Awards

Feb 9, 2018

WeirFoulds is a Proud Sponsor of the Arnup Cup 2018

WeirFoulds is proud to continue to sponsor the Arnup Cup, an annual trial advocacy competition for Ontario law schools, organized by The Advocates’ Society. The Cup bears…

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Feb 1, 2018

WeirFoulds continues to support the Black Law Students’ Association of Canada

WeirFoulds is proud to sponsor the 2018 Black Law Students’ Association of Canada (BLSA Canada) Julius Alexander Diversity Moot.

Health Care Ontario Article

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. 

Gravel and law books

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…

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Jan 8, 2018

Weirfoulds congratulates Wayne Egan on being appointed Managing Partner

WeirFoulds LLP is pleased to announce that the partners of the firm have elected Wayne Egan to the position of Managing Partner, effective January 1, 2018.

Judges Gavel

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.  

Jan 3, 2018

Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure

Infrastructure for Jobs and Prosperity Act, 2015 (“IJPA”) in section 6(2) sets out principles for the provincial government to regulate asset management planning for municipalities. On December 27, 2017, O. Reg. 588/17(the “Regulation”) under the IJPA was released.

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. 

Dec 7, 2017

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…

Webinar Series: All About Shareholders

FEX members Caroline Abela, WeirFoulds LLP, and Jeff Noble, BDO hosted a three part webinar series focused on shareholder agreements.

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…

Dec 1, 2017

Prudent Investor Legislative Provisions Update – Fourth

Earlier today the Ministry of Municipal Affairs advised that the regulation to be made under section 418.1 of the Municipal Act, 2001 will not come into effect on January 1, 2018. We understand that the Ministry plans to take additional time to consider the feedback that it received in respect of the summary of the proposed municipal prudent investor rules that the Ministry posted in the early part of October.

Nov 30, 2017

Race to “get a foot in the door” of the recreational cannabis industry raises potentially legal issues

Canadian cannabis producers are in a race to increase their size and gain capital ahead of Canada’s planned recreational cannabis legalization in July 2018. The recent dueling takeover bids involving a trio of domestic cannabis companies is proof of the jockeying that is currently going on in the industry.

Nov 21, 2017

Revisiting First Principles Applicable to Motions for Leave to Intervene in Class Proceedings

In Romeo v. Ford Motor Co.,[1] a recent decision of the Ontario Superior Court of Justice, Justice E.M. Morgan considered the principles applicable to a motion to intervene in…

Make a Will Month provides an annual checkup for lawyers and the public

According to a 2012 survey conducted by lawyers’ insurance company LawPRO, 56 per cent of Canadian adults do not have a signed will and 71 per cent do not have a signed power of attorney. The Ontario Bar Association hopes to tackle this issue during Make a Will Month, a public outreach campaign aimed at educating the public about the importance of executing a will and powers of attorney and informing the public about the ways in which lawyers can assist in estate planning.

Nov 20, 2017

Third Edition of the U.S. Sedona Principles and Ongoing Developments in Electronic Discovery

Last month, the Sedona Conference announced the publication (forthcoming in 2018) of the third edition of The Sedona Principles: Best Practices, Recommendations & Principles for Addressing Electronic Document Production (the “Principles”), and released a “Final/Prepublication Version”. The Principles were developed by the Sedona Conference Working Group on Electronic Document Retention and Production, and represent a set of core principles and best practice recommendations for production of electronic information in litigation. The Principles and extensive commentary to the Principles have been updated twice since their first publication in January 2004 to reflect the continuing developments in technology, the increasing proliferation of electronic documents, the practical issues encountered in litigation, as well as the developments in the law that are often driven by these very factors.

Nov 8, 2017

Justification, Transparency and Intelligibility: From Beginning to End

Recent case law has stressed the importance of regulatory tribunals ensuring that their processes be transparent and intelligible, from beginning to end: from the establishment of clear allegations in discipline proceedings to the writing cogent reasons for decisions.

Nov 7, 2017

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

Introduction: Bill 174 In order to meet the federal government’s July 1, 2018 target for legalizing recreational cannabis country-wide, each province and territory across Canada has been…

Security for Appeal Costs: Litigation Tactics Through the Holistic Lens

In Yaiguaje v. Chevron Corporation, 2017 ONCA 827, a panel of the Ontario Court of Appeal recently reversed, in short order, a decision of one of its members…

Nov 3, 2017

The Supreme Court of Canada Holds Banks Liable for Conversion: Teva Canada Ltd. v. TD Canada Trust

On October 27, 2017, the Supreme Court of Canada released its decision in Teva Canada Ltd. v. TD Canada Trust.1 The Court split 5:4 in the decision to overturn…

Oct 19, 2017

WeirFoulds supports The Fraser Institutes Founder’s Awards

WeirFoulds is proud to sponsor The Fraser Institutes Founder’s Awards. The annual tribute dinner honours Canada’s greatest business and philanthropic leaders. The Fraser Institute Founders’ Award is…

Government Backtracks on Anti-Surplus Stripping Proposals, and Looks to Develop Alternative Proposals

Happily, on October 19, 2017, the Federal Government announced it is not proceeding with yet another measure in its July 18 proposals this time, the anti-surplus stripping…

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