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Are you governance savvy?

The Enron, WorldCom, Adelphi and other similar scandals in the U.S. in the early 2000s made corporate governance a front-page issue. The U.S. Congress responded in part by enacting the Sarbanes-Oxley Act of 2002 to improve corporate responsibility and financial disclosure and prevent accounting fraud. Canada was not far behind.

Stricter Rules for Telemarketers

The Canadian Radio-television and Telecommunications Commission has passed new rules regarding telephone calls made by telemarketers. Some of these rules relate to “do not call” lists.

The Power of the Internet: Beware of What You Write

In a recent decision, the Ontario Court of Appeal has described the Internet as one of the most powerful tools of communication ever invented, with the potential to be a medium of virtually limitless international defamation.

Embee Properties Limited et. al.

This case summary illustrates how a landowner may strategically gain control over an otherwise unwieldly planning process. If the right circumstances exist to invoke a Joint Board consolidated hearing under the provisions of the Consolidated Hearings Act (“CHA”), any hearings that may proceed within the same land area covered by the CHA might be precluded from proceeding.

Requests for Proposal

With the release of her decision in Buttcon et al. v. Toronto Electric Commissioners, Madam Justice MacFarland of the Ontario Superior Court of Justice provided some much needed guidance to understanding the legal rules applicable to the Request for Proposal process.

Standard of Judicial Review

The Ontario Municipal Board (OMB) is an expert tribunal representing the pinnacle of planning decision-making in the province, especially since the removal of cabinet petitions in respect of Planning Act matters. However, in terms of law and jurisdiction, it is not the final decision-maker.

Drug & Alcohol Testing: Zero Tolerance is Against the Law

A decision of the Canadian Human Rights Tribunal, released November 6, 2003 (the “Tribunal’s Decision”), partially resolves the dilemma facing transportation companies about what they can and cannot do with respect to drug and alcohol testing for their employees…

Structuring and Financing P3s

One of the most difficult, time consuming and important challenges facing the public sector is how to structure the Public-Private Partnership (the “P3”) to adequately protect relevant public policy and public interest objectives and concerns, while attracting the desired level of private sector involvement, private investment and risk transference to the private sector…

Update on 1497777 Ontario Inc. v. Leon’s Furniture Limited

Subtenants (and head tenants) may be surprised by the September 2003 decision of the Ontario Court of Appeal in 1497777 Ontario Inc. v. Leon’s Furniture Limited (“Leon’s”). The court overturned the June 2002 decision of the Superior Court of Justice of Ontario, which we reported in the Winter/Spring 2003 issue of The Advantage.

Winding it Up

Liquidating the assets of the Christian Brothers of Ireland in Canada did more than just compensate the Mount Cashel orphanage victims. It created a caustic court battle in Vancouver, where […]