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Publications Article
The Powerful Protections of the Ontario Repair and Storage Liens Act By Timothy Jones and Jesse Waslowski Feb 15, 2018 An equipment finance company finances the purchase of a truck and registers a purchase-money security interest pursuant to the Personal Property Security Act (Ontario) to protect its interest. The truck breaks down and is taken in for repairs. While the truck is in the shop, the debtor defaults u...
Publications Article
Cryptocurrency Assets Under Insolvency and Personal Property Security Law By Timothy Jones and Dillon Collett Feb 15, 2018 Encrypted digital currencies (“cryptocurrencies”), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny. Some expect cryptocurrency payments and other transactions tracked via distributed ledger technology (“DLT”, of which “blockchain” te...
Publications Article
Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items such ...
Publications Article
Third Strike for Ontario Construction Lien Act Deemed Trust in Bankruptcy By Sam Babe Feb 09, 2018 In a January 31, 2018 decision from the bench in the matter of Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. (Court File No. CV-14-10784-00CL) (“A-1 Asphalt”), Madam Justice Conway of the Ontario Superior Court of Justice (Commercial List) (the “Court”) held that the deemed trust provision...
Publications Article
When Can a CCAA Monitor Bring an Oppression Claim Against a Stakeholder? By Timothy Jones, Steven L. Graff and Mark van Zandvoort Feb 01, 2018 Until a court orders otherwise, a monitor appointed under the Companies’ Creditors Arrangement Act is a neutral party and may not take sides in favour of one stakeholder over another. When can a monitor depart from this neutral role and launch litigation that favours certain creditors to the detr...
Publications Article
Ontario Ban on Door-to-Door Agreements for HVAC Products Comes Into Effect on March 1, 2018 By David Stevens Jan 24, 2018 New provisions of the Ontario Consumer Protection Act will prohibit a range of door-to-door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” for HVAC equipment and other household appliances unenforceable. Newly-released amen...
Publications Article
Canadian Securities Administrators to Consider Disclosure-Based Regulatory Approach after U.S. Rescinds the “Cole Memorandum” By Richard M. Kimel, Daniel Everall and Tyler Brent Jan 16, 2018 On January 12, 2018, the Canadian Securities Administrators (the “CSA”) announced that they were considering their disclosure-based regulatory approach for issuers with U.S. marijuana-related activities.
Publications Article
Municipal Land Use Planning Regulations and Cannabis Production Facilities By Laura Dean and Josh Hilburt Jan 10, 2018 Individuals and corporations seeking to become licensed producers of cannabis are advised to pay close attention to municipal land use permissions when conducting due diligence in relation to the purchase of property for the purpose of setting up their production facility.
Publications Newsletter
Machine Guarding and Electrical Hazards: Ministry of Labour Kicks off 2018 with Industrial Sector Inspection Blitz By David S. Reiter Jan 03, 2018 Each year, the Ministry of Labour (MOL) schedules inspection blitzes in specific sectors as part of its overall Occupational Health and Safety Act (OHSA) enforcement strategy. Although the focus of the blitzes is announced ahead of time, individual workplaces are not identified in advance.
Publications Article
Province Releases Summary of Inclusionary Zoning Regulations By Laura Dean Dec 20, 2017 On December 18, the Province of Ontario released a long-awaited summary of its proposed inclusionary zoning regulations. These regulations would implement the provisions of the Promoting Affordable Housing Act, 2016 (Bill 7), which received Royal Assent on December 8, 2016.
Publications Article
Bill 177 Amends Occupational Health & Safety Act By David S. Reiter and Cynthia R. C. Sefton Dec 18, 2017 While there has been a steady increase in the enforcement of health and safety violations at workplaces by the Ministry of Labour (MOL) in recent years, the Occupational Health & Safety Act (OHSA) hasn’t always kept pace. That has now changed. Bill 177, the Stronger, Fairer Ontario Act (Budget M...
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Bill 139 Receives Royal Assent By Patrick Harrington Dec 12, 2017 Today, Bill 139 received Royal Assent and came into force as the Building Better Communities and Conserving Watersheds Act, 2017. While the Act itself came into force today, the Schedules to the Act (which contain the legislative amendments) come into force on a day to be named by proclamation ...
Publications Article
Penalty Tax on Investment Income – What Will Be Grandfathered? By David Malach Dec 05, 2017 The Liberal Government intends to bring in a new penalty tax on investment income earned by private corporations to the extent the investment income in any year exceeds a $50,000 threshold. That tax could be 73% or higher. If they do proceed with the new penalty tax, which I hope they won’t, what...
Publications Article
Ontario Introduces Sweeping Changes to Workplace Laws with the Passing of Bill 148 By Fiona Brown and Nicholas Smith Dec 01, 2017 On November 22, 2017, Ontario’s Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”) passed Third Reading. Bill 148 is anticipated to receive Royal Assent shortly and will substantially amend legislation applicable to employment and labour laws.
Publications Article
Ontario Government Passes Sweeping Changes to Employment Standards Legislation By Michael F. Horvat Nov 23, 2017 Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was passed by the Ontario legislature on Wednesday, November 22, 2017. The changes to the Employment Standards Act, 2000, passed yesterday will impact all Ontario businesses and how they manage: independent contractors; scheduling an...
Publications Article
Teva Canada, Cheque Fraud and Risk Allocation for Collecting Banks By Timothy Jones Nov 22, 2017 In Teva Canada Ltd v TD Canada Trust, 2017 SCC 51, the Supreme Court of Canada ruled in a fiercely-contested, 5-4 split decision, that a company victimized by employee cheque fraud can recover its $5.5-million loss from the banks that deposited the fraudulent cheques. This ruling signifies that ...
Publications Article
CRA’s Super-Priority Remains Operative Over Pre-Bankruptcy Payments to Secured Creditor By Alyssa Gebert and Sean Green Nov 22, 2017 Secured creditors have taken note and expressed concern regarding a recent decision from the Federal Court of Appeal, which has upended conventional wisdom regarding the priority and treatment of GST/HST arrears in a bankruptcy. In Canada v. Callidus Capital Corp,1 the FCA found a secured credito...
Publications Article
Cannabis Excise Duties By Angelo Gentile Nov 17, 2017 On November 10, 2017, the Government of Canada announced its proposed excise duty framework (including detailed draft legislation) in respect of cannabis, which includes new excise duties and detailed licensing, stamping and reporting requirements for cannabis licensees.
Publications Article
Ontario Moves Closer to Marijuana Legalization By Fiona Brown and Margaret T. Nelligan Nov 17, 2017 On November 1, 2017, the Government of Ontario introduced Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017. If passed, Bill 174 will enact, amend and replace legislation applicable to the sale, distribution and use of cannabis in the province of Ontario.
Publications Article
Debt Financing for Cannabis Companies – A Market Update By Timothy Jones and Graham Topa Nov 17, 2017 In the April 6, 2017 edition of Collateral Matters, Aird & Berlis LLP’s banking law newsletter, our article entitled A “Green Rush” for Debt Financing? canvassed some legal and business issues specific to debt financing of Canada’s regulated cannabis industry. The “green rush” towards equity fina...