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Publications Article
Leasing to Cannabis Businesses By Marco Gammone and Daniel Everall Oct 12, 2017 The Controlled Drugs and Substances Act currently lists cannabis as a controlled substance.​1 The Act also stipulates that the production, possession and sale of cannabis is illegal. Though the Act carves out an exception for medicinal marijuana, the Access to Cannabis for Medical Purposes Regula...
Publications Newsletter
Doing Business in Canada - October 2017 Oct 06, 2017 Aird & Berlis LLP is pleased to present the October 2017 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law and is intended for those planning to start, acquire or invest in a business in Canada.
Publications Article
The Government of Ontario Reveals Proposal for Regulatory Structure for the Sale and Distribution of Recreational Cannabis By Fiona Brown and Daniel Everall Sep 13, 2017 During the past couple of days, the Government of Ontario has announced a long-awaited decision regarding the anticipated expansion of the market for the legal use of cannabis. Until the implementation of amendments of the current federal legislation, the market for the legal use of cannabis in C...
Publications Article
General Partner Distributions: Subject to GST/HST? By Neil Bass and Angelo Gentile Sep 12, 2017 On September 8, 2017, the Department of Finance (“Finance”) released a series of draft legislative changes to the Excise Tax Act (Canada) (the “ETA”). Of particular note is legislation that will have broad ranging impact on limited partnerships that are engaged in investme...
Publications Newsletter
The Cannabis Act and Residential Tenancies By Tom Halinski and Meaghan Barrett Aug 16, 2017 In April, the federal government introduced Bill C-45 (the “Cannabis Act”), which provides for the legalization of recreational marijuana in June 2018. Until the Cannabis Act comes into force, the possession of marijuana for recreational use remains illegal (although individuals with licenses iss...
Publications Article
Ontario Proposes to Ease Rule Against Payments to Charity Directors By Jeremy D. Burke Aug 02, 2017 On July 10, 2017, the Ontario government published a draft amendment to a regulation under the Ontario Charities Accounting Act (the “Act”). The proposed amendment would modify the Ontario common law rule that currently prohibits a charity’s directors from receiving any compensation from the char...
Publications Article
Eco Oro: OSC Trumps TSX and Shows Willingness to Unwind Transactions By Daniel Everall, Liam Tracey-Raymont and Jonathan Yantzi Jul 27, 2017 On June 16, 2017, the OSC released the reasons for its earlier order (the “Order”) which reversed a tactical private placement in the context of a proxy contest involving Eco Oro Minerals Corp. (“Eco Oro”).1 The Order was initially issued in April of 2017. The OSC’s ...
Publications Article
Tax News Flash - Changes to the Income Tax Act By Marni Pernica and Barbara Worndl Jul 18, 2017 On July 18, 2017, Finance Minister Bill Morneau announced the release of a consultation paper and draft legislation to amend the Income Tax Act which target what the Liberal government perceives as unfair tax benefits afforded to private corporations and shareholders of these private co...
Publications Newsletter
Breach of Drug Policy Can Support Termination SCC Decides By Michael F. Horvat Jul 13, 2017 Whether it is due to increased workplace drug testing or the impending legalization of recreational marijuana use, the legal landscape of drug and alcohol addiction and the workplace continues to evolve. Canadian companies must be able to adapt to this changing dynamic with sound workplace polici...
Publications Article
Supply Crunch in Canadian Marijuana Market By Sherri M. Altshuler, Daniel Everall and Gaurav Gopinath Jul 11, 2017 With less than a year to legalization, a new challenge has surfaced: a shortage of high-quality legal cannabis. The supply crunch stems from the fact that demand for medical marijuana has outstripped production. The number of registered clients under the Access to Cannabis for Medical Purposes Re...
Publications Article
Limitation Periods: When is Litigation Appropriate? By Lynn Tay Jul 05, 2017 In the recent Ontario Court of Appeal (the “Court”) case of 407 ETR Concession Company Limited v. Day, the Court delineated the “appropriateness” requirement for the discovery of claims under the Limitations Act (the “Act”). The Court also clarified the ability...
Publications Article
Canadian Securities Regulators Turn Attention to Climate Risk Disclosures By Thomas A. Fenton and Gaurav Gopinath Jul 04, 2017 On March 21, 2017, the Canadian Securities Administrators (CSA) announced that it will undertake a review of public company disclosures of climate-related risks. The review will assess Canadian and international disclosure practices and collect anonymous feedback from investors and issuers. The a...
Publications Newsletter
How to Get it Right – Increased Use of Rights Offerings Leads to New Guidance By the CSA By Melanie Cole, Daniel Everall and Liam Tracey-Raymont Jun 30, 2017 Issuing securities through prospectus-exempt rights offerings is on the rise in Canada. The recent Staff Notice 45-323 (the “Staff Notice”), Update on Use of the Rights Offering Exemption in National Instrument 45-106 – Prospectus Exemptions from the Canadian Securities Administ...
Publications Newsletter
OSC Reports Uneven Use of New Prospectus Exemptions By Melanie Cole, Daniel Everall, Liam Tracey-Raymont and Jonathan Yantzi Jun 30, 2017 On June 15, 2017, the Ontario Securities Commission (the “OSC”) published OSC Staff Notice 45-715 2017 Ontario Exempt Market Report (the “Report”). The Report summarizes exempt market activity in Ontario and provides data regarding the use of recently introduced prospectus...
Publications Newsletter
CSA Publishes Proposed Amendments to Form 45-106F1 Report of Exempt Distribution By Melanie Cole, Daniel Everall and Liam Tracey-Raymont Jun 30, 2017 On June 8, 2017, the Canadian Securities Administrators (“CSA”) published proposed amendments (the “Proposed Amendments”) to Form 45-106F1 Report of Exempt Distribution (the “Form”) that could simplify the way issuers report prospectus-exempt distributions. The...
Publications Newsletter
TSX Publishes Proposed Amendments to Personal Information Form, Declaration and TSX Listing Application By Melanie Cole, Daniel Everall, Liam Tracey-Raymont and Gobind Ahuja Jun 30, 2017 On June 1, 2017, the TSX published proposed amendments (the “Proposed Amendments”) to the TSX Reporting Form 4 Personal Information Form (the “PIF”), the TSX Reporting Form 4B Declaration (the “Declaration”) and the TSX Listing Application (together with the PI...
Publications Newsletter
Municipal & Planning Law Bulletin - Top 10 Things You Need to Know About Bill 139 By Meaghan Barrett and Tom Halinski Jun 28, 2017 Bill 139 (Building Better Communities and Conserving Watersheds Act, 2017), which has received First Reading, proposes to continue the Ontario Municipal Board as the renamed Local Planning Appeal Tribunal, make fundamental changes to the Planning Act approval process, and revise the Conservation ...
Publications Article
Legalization of Recreational Marijuana: The Cannabis Industry’s Race to the Patent Office By Kimberly A. McManus, PhD and Erica L. Lowthers, PhD Jun 21, 2017 In April 2017, the Canadian federal government tabled a number of bills that are projected to legalize and regulate access to recreational marijuana by July 2018. It is estimated that the recreational marijuana market in Canada will generate approximately $5 billion in annual revenue, leading to ...
Publications Newsletter
Collateral Matters - A Fixtures FAQ Jun 14, 2017 The law of “fixtures” – items, most commonly equipment, that can be affixed to real property – falls at the intersection of real property law and personal property security law. The friction between these two legal regimes can create frustration and confusion for equipment financiers, mortgage le...
Publications Newsletter
Collateral Matters - Down to the Wire: Modernizing Canada’s Payment Systems By Alyssa Gebert Jun 14, 2017 Launched in 1999, the Large Value Transfer System (“LVTS”) is Canada’s system for the transfer of large electronic wire payments between Canadian financial institutions. The Payment Clearing and Settlement Act provides the legal framework to support the functioning of the LVTS. While the Bank of ...
Publications Newsletter
Collateral Matters - Receivers, Unions and the Lifting of the Stay: Are the Floodgates Open or Have They Merely Sprung A Leak? By Jeremy Nemers Jun 14, 2017 In what may prove either to be a landmark decision or a mere outlier confined to its unique facts, the Court of Appeal for Ontario in Romspen Investment Corporation v. Courtice Auto Wreckers Limited, et al.1 has overturned an earlier decision and lifted the stay of proceedings against a court-app...
Publications Article
The Tricky Question of Director Benefits By Jeremy D. Burke Jun 14, 2017 Charities across Canada are generally prohibited by federal tax policy and provincial law from compensating directors for acting as directors. However, many charities rely on directors for functions that extend beyond governance and charities might see good reasons to consider compensating direc...
Publications
Upcoming Webinar - Marijuana Legalization: Is Your Workplace Ready? Jun 13, 2017 Lorenzo Lisi & Michael Horvat will present Marijuana Legalization: Is Your Workplace Ready? Upcom... Lorenzo Lisi & Michael Horvat will present Marijuana Legalization: Is Your Workplace Ready? Upcoming Webinar - October 24, 2017.
Publications Presentation
Upcoming Webinar - Growing Your 'Cannabusiness': From Seeds to the Stock Exchange Jun 13, 2017 Margaret Nelligan, Kim McManus, Erica Lowthers & Fiona Brown will present Growing Your 'Cannabusi... Margaret Nelligan, Kim McManus, Erica Lowthers & Fiona Brown will present Growing Your 'Cannabusiness': From Seeds to the Stock Exchange. Upcoming Webinar - September 27, 2017.
Publications Newsletter
Decriminalization vs. Legalization: The Cannabis Act By Fiona Brown Jun 08, 2017 Canada is on track to be the first G7 country to provide for the legalization of cannabis on a national basis. On April 13, 2017, the federal government introduced the much anticipated Bill C-45, An Act respecting cannabis and to amend the Controlled Drugs and Substances Act, the Criminal Code an...
Publications Newsletter
Big Changes are Coming for Ontario Workplaces! Ontario Government Announces Intent to Amend Employment Standards Act By Michael F. Horvat and Meghan A. Cowan Jun 01, 2017 On May 30, 2017, the Ontario government announced its intention to introduce new workplace legislation, The Fair Workplaces, Better Jobs Act, 2017, which would significantly amend Ontario’s existing Employment Standards Act, 2000 and the Labour Relations Act, 1995.   The proposed legis...
Publications Newsletter
Real Estate Law Bulletin - What You Need to Know About the New Non-Resident Speculation Tax (and the PIPS5 Form) By Haley Wong May 29, 2017 The Ontario government has introduced a 15% non-resident speculation tax that applies to the purchase or acquisition of residential properties located in certain areas of Ontario by foreign corporations, foreign nationals and taxable trustees. NRST is payable in addition to provincial and municip...
Publications Newsletter
Ontario’s Changing Workplaces Review: A Focus on Penalties and Enforcement of Employment and Labour Standards in the Province By Michael F. Horvat May 26, 2017 After more than two years of review, which included twelve public consultation sessions held across Ontario, 200 presentations, 300 written submissions from stakeholders, and an interim assessment, the Ontario government’s long-awaited final report, The Changing Workplaces Review: An Agenda...
Publications Newsletter
Securities Law Bulletin - OSC Hits Pause, and Potentially Rewinds, Eco Oro’s Share Issuance By Liam Tracey-Raymont and Daniel Everall May 25, 2017 On April 23, 2017, the Ontario Securities Commission issued an order with potentially broad implications regarding the acceptable actions that a board of directors may undertake in the context of a proxy battle. The Order, among other things, set aside the Toronto Stock Exchange’s conditio...
Publications Newsletter
Dealing with the Difficult Employee By Lorenzo Lisi May 17, 2017 All organizations have to deal with the “difficult” employee. With enough knowledge of the law to be dangerous, this employee seems to know all the right buttons to push and takes up a considerable amount of time and resources to manage. 
Publications Newsletter
You Asked, We Answered: Dealing with the Difficult Employee By Michael F. Horvat May 17, 2017 During our last webinar, we had a number of interesting questions on how to deal with a difficult employee. Below is a compilation of some of the most frequently-asked questions.
Publications Newsletter
Municipal Law Bulletin - Key Changes to the Residential Tenancies Act and the New Tax Regimes Under Ontario’s Fair Housing Plan By Vedran Simkic, Tom Halinski and Robert G. Doumani May 16, 2017 On April 24, 2017, the Ontario government introduced new legislation, the Rental Fairness Act, 2017 which includes a number of proposed amendments to the Residential Tenancies Act, 2006. The stated purpose of the legislation is to contribute to a long-term goal of affordable housing and to ensure...
Publications Presentation
Presentation - Cannabis and Pets: What you need to know Apr 22, 2017 Fiona Brown presented Cannabis and Pets: What you need to know at the O'Cannabiz Conference & Exp... Fiona Brown presented Cannabis and Pets: What you need to know at the O'Cannabiz Conference & Expo, April 2017.
Publications Newsletter
Tax News Flash - Ontario Introduces the new Non-Resident Speculation Tax By Saam Nainifard Apr 21, 2017 As expected, the Government of Ontario has introduced a new non-resident speculation tax that takes effect on April 21, 2017. The NRST is a 15% tax payable on the purchase of an interest in residential property located in the “Greater Golden Horseshoe” area (which includes Toronto and...
Publications Presentation
Presentation - Cannabis in the Office: Whose Rights Prevail? Apr 21, 2017 Lorenzo Lisi presented Cannabis in the Office: Whose Rights Prevail? at the O'Cannabiz Conference... Lorenzo Lisi presented Cannabis in the Office: Whose Rights Prevail? at the O'Cannabiz Conference & Expo, April 2017.
Publications Presentation
Presentation - Business Challenges and Opportunities in Cross-Border Relations Apr 21, 2017 Margaret Nelligan presented Business Challenges and Opportunities in Cross-Border Relations at th... Margaret Nelligan presented Business Challenges and Opportunities in Cross-Border Relations at the O'Cannabiz Conference & Expo, April 2017.
Publications Newsletter
Legalized Marijuana – Another Balancing Act for Employers By Michael F. Horvat Apr 18, 2017 On April 13, 2017, the Federal government introduced two long-promised bills that, if passed, would lead to Canada becoming one of the few national jurisdictions to permit the legal growth, possession and recreational consumption of marijuana. What was initially branded as a key election promise ...
Publications Newsletter
Collateral Matters - A “Green Rush” for Debt Financing? Apr 06, 2017 Canadian cannabis policy announcements over the past year have spurred investment in licensed cannabis producers and dealers, resulting in one of Canada’s newest growth industries. Deloitte projects the potential size of a legal, recreational retail cannabis market at $9 billion. Equity inv...
Publications Newsletter
Collateral Matters - Budget 2017: Financial Sector Update Apr 06, 2017 On March 22, 2017, the Federal government tabled the 2017 federal budget. The 2017 Budget provides guidance on the government’s plan to introduce legislation in a number of areas directed at the financial services sector in Canada, namely: strengthening the bank resolution regime and the de...
Publications Newsletter
Collateral Matters - Interest Rates: Why It Is in Everyone’s Interest to Pay Close Attention Apr 06, 2017 In Canada, there are a number of regulations which encourage transparency by lenders when it comes to disclosing the cost of borrowing. Such regulations are intended to balance any real or perceived inequities between savvy financial institutions and borrowers. This article explores Section 4 of ...
Publications Presentation
Presentation - Law of the Land Apr 01, 2017 Sherri Altshuler presented Law of the Land at the 2nd annual Young Presidents’ Organization Summi... Sherri Altshuler presented Law of the Land at the 2nd annual Young Presidents’ Organization Summit 420, April 2017. ​
Publications Newsletter
Financial Services Flash - Ontario Repeals Bulk Sales Act Mar 24, 2017 A century ago, Ontario drafted legislation to protect unpaid creditors from their debtors selling assets in bulk outside of the ordinary course of business. Over the years, with the introduction of other, more efficient creditor protection legislation, the business community began to consider bul...
Publications Newsletter
Tax News Flash - Canadian Federal Budget 2017 Mar 22, 2017 On March 22, the Minister of Finance released the federal budget. This Tax News Flash provides a comprehensive discussion of the important tax changes contained in Budget 2017.
Publications Newsletter
Emerging Issues in Human Rights: Family Status and Transgender Accommodation in Employment – A Webinar Recap Mar 21, 2017 The issue of accommodation is a hot topic for employers these days, particularly when it comes to... The issue of accommodation is a hot topic for employers these days, particularly when it comes to family status and transgender accommodation. By dealing with these requests in a diligent manner, employers will contribute to a positive work environment.
Publications Newsletter
The Last Word? Enforcing Termination Clauses and Employment Agreements By Michael F. Horvat Mar 21, 2017 Is this the last word? After a series of decisions in 2016 and the beginning of 2017 which have fallen on both sides of the debate on the enforceability of termination clauses, the Ontario Court of Appeal has issued its decision in Wood v. Fred Deeley Imports Ltd., 2017 ONCA 158, which may provid...
Publications Newsletter
Financial Services Flash - Implications of the Forfeited Corporate Property Act for Creditors Mar 15, 2017 Creditors should be aware of important changes to the law regarding forfeiture of corporate property which have significant implications for the recovery of forfeited assets of dissolved corporations.
Publications Newsletter
Tax News Flash - Changes Are Coming to the Voluntary Disclosures Program Mar 02, 2017 In the fall of 2016, the Offshore Compliance Advisory Committee issued a report on the CRA’s volu... In the fall of 2016, the Offshore Compliance Advisory Committee issued a report on the CRA’s voluntary disclosures program, which Report was endorsed by the Minister of National Revenue in December. On February 22, 2017, the CRA announced that its review of the recommendations regarding the Repor...
Publications Newsletter
Employee Surveillance Feb 22, 2017 The continuous development of more sophisticated and cheaper technology effectively permits compa... The continuous development of more sophisticated and cheaper technology effectively permits companies to have constant connectivity to their equipment, allowing management to monitor the use and allocation of company assets in virtual real-time. The installation of GPS tracking and other telemati...
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