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Who We Are

At Aird & Berlis, we provide strategic legal and business advice in all principal areas of corporate commercial law, including corporate finance, banking, insolvency and restructuring, energy, environmental, infrastructure/P3, technology and intellectual property, litigation, labour and employment, municipal and land use planning, real estate and tax. 

We focus on your legal issues, so you can focus on your business.

Recent Developments

Events
Sexual Harassment in the Workplace: How to Prevent it and How to Handle Allegations Like a Professional CPD for HRPA and CHRP Members: 1 Hour Meghan A. Cowan, Don Jack and Pamela Miehls Dec 12, 2018 Your company’s reputation is a valuable asset. In the era of the #MeToo movement, increasing numbers of Canadian workplaces must manage allegations of harassment and sexual misconduct. These allegations can arise even in workplaces where appropriate policies are in place. In a world where r...
Publications Article
Government of Ontario Announces Proposed Changes to the Planning Act Patricia A. Foran, Tom Halinski and Matthew Helfand Dec 07, 2018 On December 6, 2018, the Government of Ontario announced that Bill 66, Restoring Ontario’s Competitiveness Act, 2018, had undergone first reading by the Legislature. If it becomes law, Bill 66 will introduce sweeping amendments to a wide variety of statutes.
Publications Article
Ford Government Launches First Salvo in War on Red Tape Hon. Peter Van Loan Dec 07, 2018 Premier Ford launched his first advance on this deregulatory agenda on December 6, 2018, with the introduction of a bill entitled “An Act to Restore Ontario’s Competitiveness by Amending and Repealing Certain Regulations.” This red tape reduction legislation aims to eliminate barriers to job crea...
Publications Article
Additional Changes to Ontario Employment Standards – Hours of Work and Overtime Averaging Michael F. Horvat Dec 07, 2018 The Ontario government introduced omnibus legislation on December 6, 2018, that, when passed, will amend multiple statutes which the Minister of Economic Development, Job Creation and Trade stated were designed to “reduce red tape and regulatory burden” as part of the Provincial government’s Open...
Publications Article
Don’t Leave Workplace Safety out in the Cold Three Steps That Every Employer Should Be Taking to Protect Their Workers This Winter David S. Reiter Dec 07, 2018 Winter weather is once again upon us. With it comes the joy of the season, but also an increased risk to worker safety. That increased risk imposes special obligations on employers under the Occupational Health & Safety Act (OHSA). Some of the obligations are addressed in the OHSA’s Regulations....
Insights EnergyInsider
Ontario Government Files Arguments in Federal Carbon Pricing Challenge Zoë Thoms Dec 07, 2018 The Ontario government recently filed a factum setting out its argument against the federal government’s carbon pricing legislation as unconstitutional. The factum expands on the arguments outlined in the statement of particulars previously filed by the Attorney General of Ontario.
Insights EnergyInsider
Ontario Releases Its New Environment Plan David Stevens Dec 06, 2018 On November 29, 2018, the Ontario government released its promised plan to address climate change, titled Preserving and Protecting our Environment for Future Generations: A Made-in-Ontario Environment Plan. The Environment Plan addresses four main topics: protecting air and water; addressing cli...
Insights EnergyInsider
OEB Increases Service Charges From Distributors to Energy Retailers and Customers David Stevens Dec 06, 2018 On November 29, 2018, the Ontario Energy Board issued its Report on Energy Retailer Service Charges. The OEB concluded that the current retail service charges from electricity distributors to electricity retailers and their customers need to be increased so that all of the distributors’ costs are...
Publications Article
What Happens at the Office Holiday Party Doesn’t Necessarily Stay at the Party Michael F. Horvat Dec 06, 2018 It’s that time of year again when companies across the country celebrate the holiday season, spread good cheer, reflect on the long (and hopefully successful) year past and toast the new year ahead. However, just because the party has begun, it does not mean that an employer’s obligation to its e...
Insights TheSpotlight
The Imminent Arrival of File Wrapper Estoppel in Canada Tony Sabeta, B.Eng. Dec 05, 2018 For the best part of 18 years, since the judgment of Justice Ian Binnie in Free World Trust, 2000 SCC 66, it has been well-settled law that there is no file wrapper estoppel in Canada. That’s all about to change following Bill C-86, which was introduced on October 29, 2018.
News Firm News
Aird & Berlis Partners Recognized as Leading Canadian Litigation Lawyers L.E. Trent Horne and Steve J. Tenai Nov 30, 2018 Aird & Berlis is proud to announce that Trent Horne and Steve Tenai are recognized in the 2018 Lexpert Special Edition - Canada's Leading Litigation Lawyers.
Publications Article
AGCO Application Considerations for Cannabis Retailers Jeremy D. Burke Nov 29, 2018 As many readers will know, the Alcohol and Gaming Commission of Ontario is responsible for cannabis retail store licensing in Ontario. Applicants seeking to open a retail store will need a Retail Operator Licence, a Retail Store Authorization and a Cannabis Retail Store Manager Licence. The AGCO ...
Publications Article
A Reminder About Director and Officer Liability Under the OHSA David S. Reiter Nov 29, 2018 In Ontario, directors and officers are rarely convicted for workplace safety offences. In fact, such convictions represent less than three per cent of all the workplace safety convictions that have been posted on the Ministry of Labour’s Court Bulletin website over the past two years. However, a...
News
Important Amendments to the Income Tax Act re RDTOH Nov 28, 2018 Recent amendments to the Income Tax Act (Canada) have made fundamental changes to the refundable tax regime applicable in respect of Canadian-controlled private corporations for taxation years of CCPCs that begin after 2018. CCPCs are required to pay a refundable tax of 38 1/3% on investment inco...
News
Postal Strike Alert Nov 28, 2018 As reported through multiple media outlets, Canada Post may undergo strike or lockout conditions as early as September 26, with Canadians seeing disruptions to their postal service before the end of September. Please note that invoices and cheques sent to and from Aird & Berlis LLP/Aird & McBurne...
Publications Article
An Update on Multiple Wills Elisabeth V. Atsaidis, Jack Bernstein, Rachel L. Blumenfeld, Stuart F. Bollefer, Donald Carr, Ed Esposto, David Malach, Andrea McEwan, Marni Pernica, Elise M. Pulver and Melanie A. Yach Nov 21, 2018 Estate practitioners are now faced with two competing decisions at the same level of Court which are arguably conflicting when it comes to the use of multiple wills to reduce Probate Tax. While Re Panda Estate does not overrule Re Milne Estate, estate practitioners across the province have welcom...
Representative Matters
Friends of Simon Wiesenthal Center for Holocaust Studies Successful at Board of Review Hearing David S. Reiter and Jessica Millar Nov 20, 2018 The Honourable Carla Qualtrough, the Minister responsible for Canada Post Corporation, has issued a final prohibitory order that will prevent the delivery of the publication Your Ward News, or any substantially similar material developed by its authors, through Canada Post’s unaddressed bulk mail.
Insights TheSpotlight
What Do You Mean I Don’t Own My Own Logo? A parable for many business owners on how to make sure you actually own the logo you have used for years Ken Clark and Sarah Newman Nov 19, 2018 The plaintiff in the recent Federal Court case, Milano Pizza Ltd. v. 6034799 Canada Inc., thought that it owned the copyright in the logo it had franchised for years. It thought wrong. While the case appears to be infighting in a franchise system, the copyright aspects of the case are interesting...
Publications Article
Ontario’s Cannabis Regulations: Rushed to Release Jeremy D. Burke Nov 16, 2018 The Ontario government has released General Regulation 468/18 (the Regulation) under the Cannabis Licence Act, 2018 (the Licence Act) and has announced that the Alcohol and Gaming Commission of Ontario (the AGCO) will begin accepting retail store applications (online only) on December 17, 2018.
Publications Article
Cameco Corporation v. The Queen: A Lesson in Sham and Canadian Transfer Pricing Adjustments Jack Bernstein, Edward Miller and Tyler Brent Nov 13, 2018 On September 26, 2018, the Tax Court of Canada released its decision in Cameco Corporation v. The Queen. The case addressed the transfer pricing provisions contained in subsection 247(2) of the Income Tax Act (Canada) (the “Act”) and whether the transactions in question were a sham. In a win for ...
Publications Article
A Problem Crying out for an Early Resolution Donald Carr Nov 13, 2018 The current wholesale upset of Ontario’s estates and trusts legal community over the decision in Re Milne is not only disturbing, but causes reflection on the origin of multiple wills in this province, as well as earnest hope for an early resolution of a huge problem.