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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
2019 Ontario Budget Hints at Continued Phased Approach for Cannabis Retail Jeremy D. Burke and Gobind Ahuja Apr 23, 2019 The 2019 Ontario Budget provides a revealing glimpse into the Ontario government’s plans for the province’s cannabis retail sector. Although the Budget does not include the details of any phasing plan, the language in the document appears intended to signal that some type of phased approach shoul...
Publications Article
Doing Business in Canada - Spring 2019 Apr 17, 2019 Aird & Berlis is pleased to present the Spring 2019 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.
Insights EnergyInsider
Measurement Canada to Regulate Thermal Energy Meters David Stevens Apr 17, 2019 Until recently, there have not been any specific requirements for thermal energy meters within the Weights and Measures Act. However, as of July 1, all newly-installed thermal energy meters will have to be approved by Measurement Canada.
Publications Article
Ford Government Focuses on Fiscal Discipline, With a Moderate Approach Ontario Budget Sets Roadmap to Return to Balance In 2023 Hon. Peter Van Loan Apr 12, 2019 Doug Ford may have declared Ontario “a place to grow,” but under his watch, one thing that won’t be growing are deficits. A range of restraint measures aim to ensure a balanced budget in four years.
Insights EnergyInsider
No New Energy Initiatives in 2019 Ontario Budget David Stevens Apr 12, 2019 On April 11, 2019, the Ontario government introduced its first budget. Notably, the budget does not include any significant new initiatives or measures aimed at energy policy. Instead, the energy-related discussion in the budget repeats previously-issued announcements, and provides some updates. ...
Insights TheSpotlight
Wake Up Call: The Supreme Court of Canada’s Review of the Intersection between Arbitration and Class Action Lawsuits in Telus Communications Inc. v. Wellman Brandon Carter and David Stevens Apr 10, 2019 On April 4, 2019, the Supreme Court of Canada released its decision in Telus Communications Inc. v. Wellman. The decision involved the consideration of a series of arbitration agreements, the Ontario Arbitration Act, 1991, the Ontario Consumer Protection Act, 2002, and a consumer and non-consumer...
Publications Article
Clarity in Appeal Procedures Part II: The BIA Prevails – or Does It? Steven L. Graff, Miranda Spence and Kyle B. Plunkett Apr 10, 2019 In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act (the “BIA”)1 and the Courts of Justice Ac...
Publications Article
Stage Collapse Inquest Commences Cynthia R. C. Sefton Apr 10, 2019 An inquest into the death of a worker at a stage collapse in June 2012 commenced on March 25, 2019, nearly seven years after the workplace death. The Prosecution In June 2012, just prior to the start of a concert in Toronto, the performance stage collapsed. A worker was killed and others were i...
Publications Article
Looking Backwards … to Get to the Future Spring 2019: Another New and Young Workers’ Blitz David S. Reiter Apr 10, 2019 Spring is finally here, and businesses in the industrial sector have started to turn, or will soon be turning, their attention to their student hiring processes. For many students, the jobs they get this summer will be their first introduction to the workforce. As a result, they tend to make up ...
Publications Article
You Asked, We Answered: Managing Absenteeism in the Workplace Michael F. Horvat Apr 10, 2019 We recently held our Managing Absenteeism in the Workplace webinar, where our legal experts discussed the challenges presented by absenteeism in the workplace and proactive steps you can take to build an effective absence policy. A few recurring themes arose in the questions our audience asked. ...
Publications Article
Elevating Devices and Safety, a Reminder to Learn From the Mistakes of Others Cynthia R. C. Sefton Apr 08, 2019 Do you manufacture, own, operate or service elevators or escalators in Ontario? If so, you should be aware of (and be reminded of ) your legal obligations to prevent incidents. This article deals with cases, separated by over a decade, where people have been injured or died in connection with uns...
Insights EnergyInsider
Nova Scotia Revokes Licence for Cape Sharp Tidal and Orders Removal of Turbine David Stevens Apr 04, 2019 On April 3, the Nova Scotia Department of Energy and Mines announced that it has revoked the marine renewable-electricity licence issued to Cape Sharp Tidal Venture Ltd.
Insights EnergyInsider
Ontario Government Consults on Changes to Industrial Electricity Pricing and Programs David Stevens Apr 02, 2019 On March 28, the Ontario government announced plans to hold consultations to seek input from businesses about industrial electricity pricing and programs. On April 1, the Ontario government published a consultation notice for this process, confirming that it is looking for input on “electricity ...
Publications Article
Supreme Court Dismisses Solar Power Network Application for Leave to Appeal Alyssa Gebert and Jonathan Yantzi Mar 29, 2019 The Supreme Court has dismissed an application for leave to appeal Solar Power Network Inc. v. ClearFlow Energy Finance Corp. The Court of Appeal for Ontario earlier held that the use of formulas to express annual interest rates can satisfy Section 4 of the Interest Act.
Publications Article
What to Expect When You’re Expecting… Federal Infrastructure Funds? David P. Neligan and Matthew Helfand Mar 27, 2019 In Chapter 2 of the 2019 Federal Budget under the heading “Building Strong Communities,” the Government of Canada announced a “one-time top-up” of $2.2 billion dollars to support municipal infrastructure projects.
Insights EnergyInsider
OEB Initiates Consultation Addressing DERs and Utility Remuneration David Stevens Mar 25, 2019 On March 15, 2019, the Ontario Energy Board announced that it is starting concurrent consultation processes to look at how the electricity sector in Ontario should respond to Distributed Energy Resources and encourage utilities and regulated service providers to “embrace innovation” in their oper...
Insights TheSpotlight
The Competition Bureau Publishes Final Version of its Revised Intellectual Property Enforcement Guidelines Ken Clark and Brandon Carter Mar 22, 2019 On March 13, 2019, the Competition Bureau published the final version of the revised Intellectual Property Enforcement Guidelines.
Insights EnergyInsider
OEB Announces New Performance Standards For Processing Rate Applications Zoë Thoms Mar 22, 2019 The OEB is updating its rate application processing performance standards as of April 1, 2019. Current rate application performance standards were established in 2009 and were delineated by hearing type – oral or written. The new performance standards will instead be organized by the size of the ...
Publications Article
Highlights of the 2019 Federal Budget Mar 19, 2019 On March 19, 2019 ("Budget Day"), the Department of Finance (Canada) tabled Canada's federal budget for 2019 ("Budget 2019"). The highlights include proposals (or intentions to proceed with proposals) to: Extend the foreign affiliate dumping rules so as to also apply to any corporation resid...
Representative Matters
Eve & Co Enters into Credit Facility to Fund Expansion of Its Greenhouse Production Facility Richard M. Kimel, Melanie Cole, Sean Green, Andrew Biderman and Daniel Mahler Mar 19, 2019 On March 19, Eve & Co Incorporated, through its wholly-owned subsidiary Natural MedCo Ltd., entered into an $18,700,000 construction facility with Royal Bank of Canada to fund the completion of a 780,000 sq. ft. expansion of its greenhouse production facility located in Middlesex County, Ontario.
Publications Article
Workplace Accidents To Give Notice or Not to Give Notice – That’s Only One of the Questions… David S. Reiter Mar 18, 2019 Nobody wants workplace accidents to happen. Businesses want their workers to go home at the end of the day and for their workplaces to stay safe. Unfortunately though, accidents do happen. And when they do, the Ontario Ministry of Labour shifts into a reactive mode by investigating, issuing Order...
Publications Article
Employers’ Dilemma – Did Misconduct at Work Feed the Addiction or Did the Addiction Blind the Employee to Her Actions? Michael F. Horvat Mar 18, 2019 A recent arbitration case continues to exemplify the difficulty faced by employers who must manage safety-sensitive workplaces and apply strict workplace practices in circumstances where an employee’s addiction and disability is connected to serious misconduct. In Regional Municipality of Waterlo...
Representative Matters
Allied Properties REIT Completes $230 Million Public Equity Offering Margaret T. Nelligan, Sherri M. Altshuler, Anne E. Miatello, Melanie Cole, Liam Tracey-Raymont, Amy Marcen-Gaudaur, Michael D. Smith, Neill Kalvin and Barbara Worndl Mar 11, 2019 Allied Properties Real Estate Investment Trust (“Allied”), a leading owner, manager and developer of urban office environments operating in Canada’s major cities, recently completed a $230 million public equity offering of units.
Publications Article
The Latest Court of Appeal Decision on Jail and Occupational Health & Safety Act Offences Are jail sentences about to become more common, and what can businesses do about it? David S. Reiter Feb 28, 2019 There have been thousands of Occupational Health and Safety Act convictions in Ontario, but less than two dozen jail sentences. Historically, jail has been reserved for repeat offenders who do not show remorse, and experience indicates that courts have looked to that practice as a sentencing prin...
Publications Article
When You Become Dependent on Independent Contractors: The Risk to Employers Michael F. Horvat Feb 28, 2019 A recent decision of the Ontario Superior Court is a reminder to all employers of the liability associated with engaging individuals as contractors in circumstances where the practical, day-to-day nature of the economic relationship is that of an employee. This can become particularly tricky to m...
Insights EnergyInsider
Ontario Announces “Made-in-Ontario” Emissions Standards Zoë Thoms Feb 22, 2019 The Ontario government announced new emission reduction standards as part of its plan to address climate change without imposing a carbon tax. The province developed the Emissions Performance Standards as an alternative to the federal Output-Based Pricing System.
Insights TheSpotlight
“Privacy is Not an All-or-Nothing Concept”: The Supreme Court of Canada’s decision in R. v. Jarvis Donald B. Johnston and Brandon Carter Feb 20, 2019 On February 14, 2019, the Supreme Court of Canada released its decision in R. v. Jarvis, a case that centered on determining when and where a person will be criminally liable for observing or recording others, without their knowledge, for sexual gratification.
Insights TheSpotlight
Data Breaches – What Will Cost You and What Will Save You Money Paige Backman Feb 11, 2019 For the last number of years, Ponemon Institute has published reports on data breaches. The latest report, “2018 Cost of a Data Breach Study: Global Overview”, is worth the read. It explores not just the cost in dollars and organization expended (direct and indirect costs), but also which element...
Insights EnergyInsider
All’s “Well” That Ends “Well” The Supreme Court of Canada’s Decision in Orphan Well Association v. Grant Thornton Ltd. David Stevens, Jeremy Nemers and Brandon Carter Feb 07, 2019 On January 31, 2019, the Supreme Court of Canada rendered its decision in Orphan Well Association v. Grant Thornton Ltd. The majority of the SCC held that end-of-life environmental remediation costs mandated by specific Alberta legislation against a bankrupt oil and gas company must be satisfied ...
Insights TheSpotlight
Come On, They’re Children! Paige Backman Feb 04, 2019 A few days ago, a friend forwarded on the Slashdot story about Facebook paying individuals, ages 13-35, $20/month to essentially spy on them. The story is all over the Internet, apparently.
Representative Matters
Township of King Successful in Enforcement of Bylaw Compliance John J. Longo and Patrick Copeland Mar 03, 2018 The landowner wished to create a large berm on its property adjacent to Highway 400. The Township of King took the position that this was regulated by its fill control bylaw, while the landowner argued that this was “landscaping” and therefore exempt from regulation under that bylaw.