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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

Publications Article
Alta Energy: Canada’s Federal Court of Appeal Rules That Treaty Shopping is Not Abusive Jack Bernstein, Francesco Gucciardo, Barbara Worndl and Tyler Brent Feb 14, 2020 The Federal Court of Appeal in Alta Energy held that the Appellant, a Luxembourg corporation, could properly rely on the Canada-Luxembourg Treaty to claim an exemption from Canadian tax on a capital gain realized on the sale of shares of a Canadian corporation engaged in oil and gas exploration.
News Firm News
Aird & Berlis Trademark Practice and Practitioners Recognized in WTR 1000 Timothy M. Lowman, L.E. Trent Horne, R. Grant Cansfield and Ken Clark Feb 14, 2020 Aird & Berlis is proud to be recognized in the 2020 edition of World Trademark Review 1000: The World’s Leading Trademark Professionals at both the firm and individual levels.
News Firm News
Aird & Berlis Partners Recognized in Chambers Global 2020 Jack Bernstein, Barbara Worndl, Stephen Zolf and L.E. Trent Horne Feb 13, 2020 Aird & Berlis is pleased to announce that partners Jack Bernstein, Barbara Worndl, Stephen Zolf and Trent Horne were recognized in the 2020 edition of Chambers Global: The World’s Leading Lawyers for Business.
Publications Article
Alberta Court of Appeal Orders Trustee to Post Security for Costs Sam Babe Feb 13, 2020 On January 29, 2020, the Alberta Court of Appeal released its decision in PricewaterhouseCoopers Inc. v Perpetual Energy Inc., granting applications requiring a trustee in bankruptcy to post security for costs on appeals brought by the Trustee.
Publications Article
Ontario Court Revisits Issue of Landlord Drawing on a Letter of Credit in Excess of BIA Preferred Claim Sam Babe, Shakaira John and Lynn Tay Feb 13, 2020 In 7636156 Canada Inc. v. OMERS Realty Corporation, the Ontario Superior Court of Justice held that a bankrupt’s landlord was only entitled to have drawn down on a letter of credit by an amount equal to the landlord’s priority claim for three months’ accelerated rent, rather than by the full amou...
Publications Article
Proactive Super-Priority of DIP Lenders Prevails over Reactive Post-Filing Creditors Ian Aversa, Jeremy Nemers and Shakaira John Feb 13, 2020 The Quebec Court of Appeal’s unanimous decision in Gestion Éric Savard reaffirms the super-priority ranking of CCAA DIP financing over regular unpaid post-filing obligations, absent steps being taken to reverse this usual order of priorities.
Publications Article
Application to Replace a CCAA Monitor Denied for Lack of Standing Sam Babe, Shakaira John and Gurpal Bopa Rai Feb 13, 2020 On October 10, 2019, the Supreme Court of British Columbia released its decision in 8640025 Canada Inc. (Re), denying an application to replace the monitor in a Companies’ Creditors Arrangement Act proceeding because the applicant was not a creditor and therefore had no standing to bring such an ...
Insights EnergyInsider
In Post-Vavilov Decision, Ontario Divisional Court Confirms Importance of Deference to OEB’s Expertise David Stevens Feb 12, 2020 On January 31, the Ontario Divisional Court released a decision in Planet Energy (Ontario) Corp. v. Ontario Energy Board.
Insights EnergyInsider
Federal Court of Appeal Dismisses Challenges to Cabinet Approval of Trans Mountain Expansion Project David Stevens Feb 10, 2020 On February 4, the Federal Court of Appeal (FCA) released its decision in Coldwater First Nation v. Canada (Attorney General), dismissing judicial review applications challenging the federal Cabinet’s approval of the Trans Mountain Pipeline Expansion Project.
News A&B In the News
Peter Czegledy Featured in Canadian Lawyer’s Cover Story on Esports Peter K. Czegledy Feb 05, 2020 Peter Czegledy provides commentary in Canadian Lawyer’s cover story on the growing esports industry.
Insights TheSpotlight
No Netflix Tax? (Sort Of…): The Broadcasting and Telecommunications Legislative Review Panel Releases Its Final Report Stephen Zolf Feb 03, 2020 On January 29, the Broadcasting and Telecommunications Legislative Review Panel submitted its final report to the government on modernizing Canada’s communications legislation.
Publications Article
SCC Reinstates Quebec Superior Court Judgment in 9354-9186 Québec inc. v. Callidus Capital Corp. Sam Babe Jan 31, 2020 On January 23, the Supreme Court of Canada delivered its unanimous decision in 9354-9186 Québec inc. v. Callidus Capital Corp. to allow the appeal of the decision of the Quebec Court of Appeal and reinstate the decision of the Quebec Superior Court.
Publications Article
A Lesson on Permitted Uses Kenneth Pimentel Jan 29, 2020 The case of JCP Drugs Ltd. v. Daniels Leslieville Corp. is an example of why it is so important to pay close attention to permitted use clauses in commercial leases.
Insights EnergyInsider
OEB Dismisses Application Seeking Revocation of Market Rule Amendments Fred D. Cass Jan 28, 2020 In September 2019, the Association of Major Power Consumers in Ontario filed an application to the Ontario Energy Board in which it asked the OEB to revoke, and send back for further consideration, a set of amendments to Ontario’s wholesale electricity market rules made by the Independent Electri...
News Firm News
Congratulations to Our New Partners! Aaron Baer, Brian Chung, Jeremy Nemers, Jesse Rosensweet and Graham Topa Jan 28, 2020 Aird & Berlis is pleased to announce that Aaron Baer, Brian Chung, Jeremy Nemers, Jesse Rosensweet and Graham Topa have become partners of the firm.
Insights EnergyInsider
OEB Approves Capital Funding Requests by Two Electricity Distributors for a Shared Building Fred D. Cass Jan 27, 2020 On January 23, the Ontario Energy Board issued its decision in respect of Incremental Capital Module applications made by two electricity distributors, Brantford Power Inc. and Energy+ Inc.
Representative Matters
Mishmeret Trust Company Ltd. Acts As Trustee in NIS 500 Million Bond Offering Nili Goldman, Aaron T. Collins and Eveleen Lal Jan 27, 2020 Mishmeret Trust Company Ltd. acted as the trustee for the Israeli bondholders in connection with the bond offering by The Elad Group, which completed an initial debt issue on the Tel Aviv Stock Exchange and raised NIS 500 million in a private bond placement to investment institutions.
Publications Article
A New Year’s Reminder From the Ministry of Labour About Workplace Violence David S. Reiter Jan 23, 2020 Last week, the Ministry of Labour laid nine charges under the Occupational Health and Safety Act against an Ontario health facility. These charges are a reminder for businesses that workplace violence continues to be a significant problem in Ontario, and they highlight why employers need to fully...
Publications Article
Recent and Significant Decisions in Employment and Labour Law Daria (Dasha) Peregoudova Jan 23, 2020 More and more commonly, employers are offering alternatives in how they compensate their employees, such as the granting of share options and restricted share units. When faced with interpreting which of these incentives an employee is entitled to upon termination in cases where the employee has ...
Insights StartupSource
Partner Randy Williamson Recognized For His Contributions to Innovation York at StartupSource Market Entry Award Ceremony Jan 21, 2020 Last week, the top three startups from the 2019 LaunchYU Accelerator program presented their final pitches in competition for our annual Aird & Berlis Startup Source Market Entry Award. The startups eligible for this award are graduates of York University’s LaunchYU Accelerator program and this y...
Insights EnergyInsider
EnergyInsider - 2019 Year in Review David Stevens Jan 21, 2020 As 2020 is now upon us, we look back at some of the interesting developments that took place over the past year in the energy sector, both in Ontario and across Canada. The initiatives announced by the Ontario government to reform the structure of the Ontario Energy Board and lower electricity co...
Insights EnergyInsider
Supreme Court of Canada Confirms B.C. Cannot Stop Trans Mountain Expansion David Stevens Jan 17, 2020 On January 16, the Supreme Court of Canada dismissed an appeal from the Government of British Columbia that sought to confirm that BC has jurisdiction to regulate the shipment of “heavy oil” through the province. In a unanimous judgment issued from the bench the same day as the appeal was heard, ...
Insights TheSpotlight
Federal Privacy Law – Is It About to Change: Part Deux? Donald B. Johnston Jan 13, 2020 In my last blog, I speculated about whether privacy law is about to change and promised to write more about it. My speculation was sparked by the 2018-2019 Annual Report to Parliament made by the Office of the Privacy Commission. Here’s a bit more about this excellent report.