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Litigation

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Jun 21, 2021

The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine

In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an…

Jun 17, 2021

If a debt is outstanding, but not enforceable in court… is it really a debt?

The classic pseudo-philosophical question of: If a tree falls in a forest when no one is around to hear it, does it make a sound? reveals a tension around…

Daily Commercial News reports on the sixth panel of WeirFoulds’ Tools for Success – A Construction Law Webinar Series

Members of the construction industry hoping to avoid project disputes know full well that the best first step is to draft airtight, unambiguous contracts. But as our…

Jun 10, 2021

Construction Reopens June 11th, 2021 – Are your Delay Claims Ready?

Starting June 11th, 2021, Ontario will officially enter Step 1 of the recently announced Roadmap to Reopen framework. For those in the construction industry, this means that…

Jun 9, 2021

The Home Stretch: Ontario Extends Temporary ESA COVID-19 Rules to September 25, 2021

On May 29, 2020, as Ontario was in the midst of the first wave of the COVID-19 pandemic, the Ontario government introduced Ontario Regulation 228/20 (the “Regulation”)…

Jun 8, 2021

Transportation Notes: Contents of Cockpit Voice Recorder Released in Class Action

In Canada (Transportation Safety Board) v Carroll-Byrne, 2021 NSCA 34 (“Carroll-Byrne”), the Nova Scotia Court of Appeal upheld a lower court’s authorization of the conditional release of…

Jun 7, 2021

Construction Dispute Symposium 2021 – RICS

WeirFoulds Partners Glenn Ackerley and Sandra Astolfo will be speaking at the 2021 Construction Dispute Symposium being hosted by Royal Institution of Chartered Surveyors (RICS) on various…

Jun 3, 2021

A legal Update for Subrogation Claims in Canada – The National Association of Subrogation Professionals (NASP)

WeirFoulds Partner Raj Datt will be speaking at the upcoming “Canadian Subrogation Forum” hosted by The National Association of Subrogation Professionals (NASP) on June 23, 2021 from…

May 31, 2021

The Legal Guide to Managing Delay and Impact Claims – Osgoode Hall Law School

WeirFoulds Partner Glenn Ackerley will be speaking at “The Legal Guide to Managing Delay and Impact Claims”, an Osgoode Professional Development intensive, one-day program taking place on…

May 28, 2021

Preparing Your Workplace for Success Post COVID-19

Join WeirFoulds Employment Law lawyers Daniel Wong, Megan Mah and Max Skrow as we discuss key topics that will be relevant to organizations as they transition to…

May 20, 2021

Expert Evidence: A Refresher from the Court of Appeal on the Key Roles of the Judge, Expert and Counsel

The Ontario Court of Appeal in Parliament v. Conley, 2021 ONCA 261 has provided a refresher for judges, experts and counsel on the roles each plays when dealing with…

May 13, 2021

Daily Commercial News provides coverage on panel, “Managing the COVID-19 Related Claims Process” moderated by Glenn Ackerley at the Toronto Construction Association’s virtual Members’ Day

Daily Commercial News recently reported on a panel discussion moderated by WeirFoulds Partner Glenn Ackerley, “Managing the COVID-19 Related Claims Process” that took place at Toronto Construction…

Protecting Your Profits: How to Manage Soaring Material Prices – Canadian Construction Association

WeirFoulds Partner Glenn Ackerley will be speaking at a webinar being hosted by the Canadian Construction Association and Northbridge Insurance on May 18, 2021. Disruptions in the…

May 11, 2021

Daniel Wong interviewed by Canadian HR Reporter on how employers can survive compliance audits amid the Covid-19 pandemic

WeirFoulds Partner and Chair of the Employment Law Practice Group, Daniel Wong, was recently interviewed by Jeffrey R. Smith of Canadian HR Reporter. The interview was featured…

May 10, 2021

Policy, not law: the Divisional Court discusses the Clergy principle

On May 5, 2021, the Ontario Divisional Court released its decision in Masters v Claremont Development Corporation[1], which discusses the Clergy principle, as well as the jurisdiction…

May 5, 2021

Estopped by a Shared Assumption: The Court of Appeal Clarifies the Doctrine of Estoppel by Convention

On April 1, 2021, the Ontario Court of Appeal reviewed and clarified the equitable doctrine of estoppel by convention in its decision in Fram Elgin Mills 90 Inc.…

Virtual Industry Forum: Managing Covid-19 Related Claims Process – Toronto Construction Association

WeirFoulds Partner Glenn Ackerley will be speaking at the Toronto Construction Association’s (TCA) 26th Annual Members Day – Virtual Industry Forum: Managing Covid-19 Related Claims Process, on…

May 3, 2021

IIBEC SOC Webinar: CCDC 2 Updates – International Institute of Building Enclosure Consultants

WeirFoulds Partners Krista Chaytor and Michael Swartz will be speaking at the upcoming webinar on CCDC 2 Updates being hosted by the International Institute of Building Enclosure…

Apr 29, 2021

Stay Home and Stay Safe: Ontario Announces Paid Sick Leave to Combat COVID-19 Pandemic

The ongoing COVID-19 pandemic has placed the Ontario government in the unenviable position of having to balance the need to protect workers with the need to preserve…

Apr 27, 2021

WeirFoulds recognized once again as one of Canadian Lawyer’s Top 10 Ontario Regional Firms – 2021

WeirFoulds is delighted to announce that we have once again been recognized by our peers and colleagues as one of the top 10 Ontario regional law firms…

Apr 23, 2021

WeirFoulds recognized in the 2021 Canadian Legal Lexpert Directory

WeirFoulds is pleased to announce that 28 of our lawyers have been recognized in 17 different practice areas in the 2021 Canadian Legal Lexpert Directory. Each lawyer…

Apr 22, 2021

Reflections on Half a Century in the Commercial Litigation Trenches: Part III

Click here to read Part I and Part II. The Department of Justice in Ottawa:  With Peter Hogg’s “Constitutional Law of Canada” in hand, I was ready to continue my…

Apr 20, 2021

Toronto and Peel to Name and Shut down Workplaces with COVID-19 Breakouts; Other Regions may Follows may Follow

As Ontario continues to experience its third wave of the COVID-19 pandemic, it has become clear that this wave is quite unlike the previous two. While Ontario…

2021 In-House Counsel Update: Continuing Challenges in a Changing World

WeirFoulds’ Commercial Litigation Practice Group will be hosting our Annual In-House Counsel Update where we will discuss navigating challenges that continue to arise in the context of…

Apr 12, 2021

Employers, Are you Ready? Ontario Continues to Ramp up Workplace Inspection Efforts

In January 2021, the Ontario government announced that it was ramping up workplace health and safety inspections in an effort to combat COVID-19.[1] With COVID-19 cases again…

Apr 8, 2021

Rebel, Rebel, Your Case is a Mess: More on the Challenges of Anti—SLAPP Motions

In November 2015, amendments to Ontario’s Courts of Justice Act facilitated the early dismissal of “strategic lawsuits against public participation”. The aim was to prevent the censure and intimidation…

Apr 7, 2021

Transportation Notes: Pair of Passenger Class Actions Certified Against WestJet

The British Columbia Supreme Court has certified two class actions against WestJet. In one, the central allegation is that WestJet charged baggage fees despite stating in its…

Mar 26, 2021

23rd National Conference – Step Canada

WeirFoulds Partner Clare Burns will be speaking at the “23rd National Conference”, taking place on June 14 and June 15, 2021 from 11:15 a.m. to 5:15 p.m.…

Mar 19, 2021

What Regulators Can Learn from the Criminal Courts about Sexual Abuse Cases

It is no secret that there has been a societal reckoning about sexual abuse in the last few years. From the #MeToo movement to the amendments to…

Mar 18, 2021

The Rise of the Unregistered Priority Interest: Significant Priorities Cases in 2020

The significant priorities cases in 2020 arose in every imaginable context from the sale of residential properties to construction projects to remediating environmental damage.  The overarching theme…

Mar 17, 2021

Only Bricks and Mortar? Your Performance Bond Might Cover More Than You Think

Players in the construction industry rely on risk allocation to keep the industry functioning. As Covid-19 has reminded us, the world is full of uncertainty; even carefully…

Mar 16, 2021

WeirFoulds welcomes two new associates

WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Alyssa Clutterbuck – Municipal Law Alyssa is an associate in the…

Annual Update: Ontario’s Construction Act – The Practical Guide to Navigating Key Risks & Obligations – Osgood Hall Law School

WeirFoulds Partner Glenn Ackerley will be co-chairing the “Ontario’s Construction Act – Practical Guide to Navigating Key Risks & Obligations”, taking place on March 31, 2021 from 9:00…

Mar 10, 2021

WeirFoulds Professional Self-Regulatory Bodies Webinar: Sexual Abuse Proceedings

Join WeirFoulds’ Self-Regulatory Bodies practice group for an upcoming webinar on “Sexual Abuse Proceedings” scheduled on Tuesday, March 30, 2021 from 1:00-2:00 p.m. EST. Speakers include lawyers…

Mar 6, 2021

How Is the Sausage Made?: Public Access to Third Party Information in Government Records

The decision in Concord Premium Meats Ltd. v Canada (Food Inspection Agency), 2020 FC 1166, illustrates how Canadian freedom of information legislation balances the public right to access government…

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