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.
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 Act (“RHPA“). Health professionals […]
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.
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.
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.
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 a certification motion […]
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.
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.
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 seeking public input […]
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 ordering the appellants […]
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 the Ontario Court […]
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 presented to individuals […]
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 proposals. Earlier in […]
Proposed Tax Measures to Limit Deferral Benefits of Acquiring Passive Investments in Private Corporations
On October 18, 2017, the Federal Government announced its intention to introduce measures to limit the deferral advantage associated with a private corporation using active business income to make passive investments (the […]
Motions for Partial Summary Judgment: Proceed with Caution
In Hryniak v Mauldin, the Supreme Court of Canada held that a summary judgment motion is appropriate if: (i) it can achieve a fair and just adjudication; and (ii) it provides a process that allows the judge to make the necessary findings of fact, apply the law to those facts, and is a proportionate, more expeditious and less expensive means to achieve a just result than going to trial.