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.
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.
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.
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.
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.
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 at weirfoulds.com. Recent […]
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.