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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
Work, Stress, Addiction, Resources & Recovery: Important Information for Professionals & Employers Andrea Skinner and Lorenzo Lisi Nov 26, 2019 Join Women’s College Hospital’s Dr. Jennifer Wyman as she provides an overview of what constitutes an addiction, how to assess whether you are at risk and what services are available to support treatment and recovery. Also hear from Lorenzo Lisi, head of the Aird & Berlis Workplace Law Group, for...
Events
Opportunities for Partnerships: The Cannabis Sector and Indigenous Nations Jeremy D. Burke and Kimberly Thomas Oct 24, 2019 The cannabis industry provides a unique opportunity for partnerships between Indigenous Nations and other Cannabis-sector participants. From investments to joint ventures, there are a myriad of ways for partnerships to harness the industry&rsqu...
Publications Article
Doing Business in Canada - Fall 2019 Oct 18, 2019 Aird & Berlis is pleased to present the Fall 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 TheSpotlight
Canada’s New Patent Regime: CIPO’s Eleventh Hour Guidance Erica L. Lowthers, PhD, Kimberly A. McManus, PhD and Kitt Sinden, M.Sc. Oct 15, 2019 On October 30, 2019, the new Canadian Patent Act and Rules will come into force introducing substantive administrative procedural changes. On October 15, 2019, with only 15 days remaining before these changes come into force, the Canadian Intellectual Property Office has released its revisions to...
Insights EnergyInsider
Ontario Government Should Have Consulted Before Repealing the Cap and Trade Regulation David Stevens Oct 15, 2019 On October 11, the Ontario Divisional Court found that the Ontario government failed to comply with its legal obligation to consult before repealing the Cap and Trade Regulation.
Publications Article
A Mareva Injunction Refresher: Can a Strong Prima Facie Case of Fraud Alone Support an Inference of Asset Dissipation and/or Disposal Risk? Mark van Zandvoort, Dennis M. O'Leary and Codie Mitchell Oct 09, 2019 In 1985, the Supreme Court of Canada decided Aetna Financial Services Ltd. v. Feigelman. The Court adopted the Ontario Court of Appeal decision in Chitel v. Rothbart, holding that a Mareva injunction is limited to circumstances in which there is a real risk that the defendant will remove its as...
Insights TheSpotlight
Unwrapping File Wrapper Estoppel: Federal Court Considers Admissibility of Prosecution History Under New Section 53.1 L.E. Trent Horne Oct 09, 2019 A recent decision of the Federal Court in Canmar Foods Ltd. v. TA Foods Ltd. has provided the first interpretation of section 53.1 of the Patent Act, which permits reference to a patent’s prosecution history to assist in claim construction.
Representative Matters
Allied Properties REIT Completes $300 Million Debt Offering Margaret T. Nelligan, Sherri M. Altshuler, Anne E. Miatello, Melanie Cole, Liam Tracey-Raymont, Amy Marcen-Gaudaur, Meredith McCann, Michael D. Smith, Neill Kalvin, Zale Skolnik and Barbara Worndl Oct 09, 2019 Allied Properties Real Estate Investment Trust recently completed a $300 million debt offering of 3.113% series E senior unsecured debentures.
Insights TheSpotlight
Election 2019: The “Netflix Tax” May Be Hiding in Plain Sight Stephen Zolf Oct 07, 2019 In our recent post,we surveyed the various proposals in the Liberal Party of Canada 2019 Election Platform. This post does a deeper dive on a specific tax reform proposal in the election platform aimed at the digital sector. Under the weighty heading “New Revenue: Making Taxes More Fair,” the ele...
Insights EnergyInsider
Federal Court Suspends Operation of Alberta’s “Turn Off The Taps” Legislation David Stevens Oct 04, 2019 A recent Federal Court decision has granted the British Columbia Attorney General an interlocutory injunction suspending the operation of Alberta’s Preserving Canada’s Economic Prosperity Act. The decision prevents Alberta from making orders under section 2(2) of Bill 12 until the Federal Court m...
Insights TheSpotlight
Throwing Election Promises Against the Digital Wall: Will They Stick? Stephen Zolf Oct 04, 2019 The midpoint of the federal election campaign has arrived and with it the release of the detailed (and costed) Liberal Party of Canada 2019 Election Platform. While most observers will focus on the high-profile issues in the platform such as universal pharmacare and climate change, regulatory and...
Publications Article
What U.K. Employers Should Know About Canadian Employment Law Fiona Brown and Michael F. Horvat Sep 30, 2019 Canadian employment law shares many similarities with U.K. employment law by virtue of Canada having inherited its common law system from the U.K. Nevertheless, it is important for U.K. employers seeking to expand operations into Canada to understand how Canadian employment legislation operates w...
Publications
Changes Coming to Ontario Regulations Coming January 1, 2020 – Will You Be Ready? Cynthia R. C. Sefton Sep 30, 2019 Amendments to two regulations under the Occupational Health and Safety Act come into effect on January 1, 2020. If your workplace exposes workers to biological or chemical agents or to materials which are defined designated substances, you should review the coming changes and ensure that your bus...
Publications Article
It’s Election Time (Again): Your Employees’ Voting Rights Daria (Dasha) Peregoudova Sep 30, 2019 As an employer, you are likely asking what rights your employees have during the upcoming federal election on October 21, 2019, and what your corresponding obligations might be.
Insights EnergyInsider
Climate Change Litigation: ENvironnement JEUness v. Canada Update Zoë Thoms Sep 26, 2019 As we discussed in a prior article, climate change litigation has come to Canada. In November 2018, an environmental group called ENvironment JEUnesse (ENJEU or Jeunesse) applied to the court to authorize a class action against the Canadian government on behalf of Quebecers aged 35 and under. Lik...
Publications Article
Insolvency Legislation Reforms to Take Effect November 2019 Ian Aversa, Shakaira John and Andy Nguyen Sep 19, 2019 On November 1, a number of amendments to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act will come into force pursuant to the Canadian federal government’s budget implementation legislation for 2018 and 2019.
Publications
Ontario Cannabis Lottery Disqualifications on the Rise Jeremy D. Burke Sep 16, 2019 The Ontario court has ordered a two-week stay of the entire lottery process, preventing the AGCO from advancing the application process for any of the lottery winners.
Publications Article
Where’s My Income? Donald Carr Sep 13, 2019 It is sometimes suggested that providing for spousal trusts in “family wills” today is less frequent than before amendments to the Income Tax Act substantially removed the ability to reduce income taxes by the use of them. Nevertheless, my own experience dictates that, tax issues aside, many test...
Insights EnergyInsider
The Federal Court of Appeal Grants Leave to Six Judicial Review Applications That Seek to Quash the Reapproval of the Trans Mountain Expansion Project David Stevens and Codie Mitchell Sep 11, 2019 The Trans Mountain pipeline expansion project is once again in the hands of the Federal Court of Appeal after the September 4, 2019 decision in Raincoast Conservation Foundation v. Canada (Attorney General).
Publications Article
Welcome (Back) to the (New) Planning Act Patrick Harrington Sep 06, 2019 As of September 3, 2019, the Bill 139 regime is no more. As previously summarized by our Group, Bill 108, which received Royal Assent on June 6, 2019 as the More Homes, More Choice Act, 2019, effectively repeals the Bill 139 regime and (re) introduces a number of amendments to the Planning Act an...
Insights StartupSource
Does Your Brand Reflect Your Personality? Tony Sabeta, B.Eng. Sep 06, 2019 Founders of startup companies spend months, if not years, developing their ideas and building their business from the ground up. However, once their idea has been executed and financing is in place, what can they do to stand out in a crowd? Making sure a startup has the right branding in place wi...
News Firm News
Aird & Berlis Awarded 2019 Readers’ Choice Designation by Canadian Occupational Safety Magazine Cynthia R. C. Sefton, David S. Reiter, Lorenzo Lisi, Michael F. Horvat, Fiona Brown and Meghan A. Cowan Aug 19, 2019 Aird & Berlis is honoured to have been chosen by the readers of Canadian Occupational Safety magazine as one of the best OHS legal service providers in the country.
Publications Article
What American Employers Should Know About Canadian Employment Law Fiona Brown and Michael F. Horvat Aug 19, 2019 For American companies, expanding operations into Canada often makes good business sense. Our similar professional cultures make doing business together easy, and our economic ties make it almost inevitable. However, employers who take the countries’ similarities for granted put themselves in a p...
Publications Article
OHS Due Diligence: If There Isn’t a Record, Did It Even Happen? David S. Reiter Aug 19, 2019 Much has been, and continues to be, written about the corporate due diligence defence in Occupational Health and Safety Act prosecutions. Scores, if not hundreds, of articles have been written both about what it means and how courts will assess due diligence once it has been raised.
Representative Matters
Allied Properties REIT Completes $300 Million Debt Offering Margaret T. Nelligan, Sherri M. Altshuler, Anne E. Miatello, Melanie Cole, Liam Tracey-Raymont, Amy Marcen-Gaudaur, Michael D. Smith, Neill Kalvin, Zale Skolnik and Barbara Worndl Aug 16, 2019 Allied Properties Real Estate Investment Trust recently completed a $300 million debt offering of 3.394% series D senior unsecured debentures.
Insights EnergyInsider
2019: Energy Storage Developments in the Last Twelve Months David Stevens and Emily Chittick Aug 02, 2019 Over the past few years, we have provided annual updates on the topic of energy storage in North America and elsewhere. In this article, we will explore storage developments in Canada, the United States and beyond since our post last summer.
Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry - Weekly Update - August 1 Aaron Baer Aug 01, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
Publications
An Expensive Power of Attorney, Courtesy of the Income Tax Act Donald Carr Jul 26, 2019 One might assume that neither CRA nor the Ministry of Finance intended that the innocent appointment of a power of attorney would trigger associated corporation status of totally unconnected or “unrelated” corporations. However, that is what can easily occur under the present legislation.
Representative Matters
Charlesfort Developments Awarded $4.5 Million in Damages in Lawsuit with the City of Ottawa Timothy J. Hill, N. Jane Pepino, Mark van Zandvoort, Angela Swan and Dillon Collett Jul 25, 2019 Charlesfort Developments Ltd. has been successful in its lawsuit brought against the City of Ottawa regarding a land use planning matter related to a new condominium development.
Publications Article
Ontario Court of Appeal Provides Guidance on Vesting Orders in Receivership – and Beyond Kathryn Esaw and Miranda Spence Jul 17, 2019 Vesting orders have become one of the most powerful tools in an insolvency professional’s toolkit, providing a purchaser with the comfort that the encumbrances contributing to the debtor’s financial difficulties cannot follow to the new owner. In light of their importance, Canadian insolvency and...
Publications
Amendments to Ontario’s Personal Property Security Act Facilitate Chattel Paper Financing Alyssa Gebert and Portia Biswas Jul 17, 2019 Recent amendments to Ontario’s Personal Property Security Act to accommodate electronic chattel paper will expedite the process of financing and securing electronic chattel paper, while modernizing Ontario’s PPSA legislative regime.
Publications Article
Priority of Receivership Charges Over Construction Trusts – Ontario Court Maintains the Status Quo Sam Babe Jul 17, 2019 In an April 30, 2019 endorsement accompanying a receivership order made in the matter of Royal Bank of Canada and D.M. Robichaud Associates Ltd., Justice Hainey of the Ontario Superior Court of Justice, Commercial List held that the receiver’s charge and the receiver’s borrowings charge should ha...
News Firm News
Aird & Berlis Recognized Amongst the Top Professional Advisers in Chambers High Net Worth 2019 Rachel L. Blumenfeld and Melanie A. Yach Jul 12, 2019 Aird & Berlis is proud to be recognized as a leading Canadian law firm in the 2019 edition of Chambers High Net Worth.
News Firm News
Pia-Lauren Reece Has Success with Patent Agent Examinations Pia-Lauren Reece, PhD Jul 11, 2019 Pia-Lauren Reece has successfully passed the Canadian Patent Agent Examinations and will become a qualified Canadian Patent Agent.
Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry - Weekly Update - July 10 Aaron Baer Jul 10, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
News Firm News
Aird & Berlis Awarded 2019 Readers’ Choice Designation by Canadian HR Reporter Lorenzo Lisi, Fiona Brown, Meghan A. Cowan, Michael F. Horvat, David S. Reiter and Cynthia R. C. Sefton Jul 04, 2019 Aird & Berlis is honoured to have been chosen by the readers of Canadian HR Reporter as one of the best full-service law firms in the country in Employment & Labour Law.
Representative Matters
Harvest One Cannabis Acquires Delivra Margaret T. Nelligan, Adria Leung Lim, Anne E. Miatello, Russell J. Sanders, David Takenaka, John J. Longo, Barbara Worndl and Erica L. Lowthers, PhD Jul 04, 2019 Harvest One Cannabis Inc. (TSXV: HVT), a global cannabis company in the health and wellness space, acquired all of the issued and outstanding shares of biotechnology company Delivra Corp. (TSXV: DVA).
Representative Matters
Fluent, Inc. Completes Acquisition of AdParlor Holdings, Inc. Peter K. Czegledy, Francesco Gucciardo, Barbra H. Miller, Sam Billard, Ken Clark, John J. Longo, Stephen Zolf and Saam Nainifard Jul 03, 2019 Fluent, Inc. (“Fluent”), a leading data-driven performance marketing company, signed a definitive agreement to acquire AdParlor Holdings, Inc. ("AdParlor") and its group of companies.
Insights TheSpotlight
Legal Tech and the Changing Legal Services Industry - Weekly Update - June 27 Aaron Baer Jun 27, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.
Representative Matters
Allied Properties REIT Completes $345 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, Zale Skolnik and Barbara Worndl Jun 24, 2019 Allied Properties Real Estate Investment Trust, a leading owner, manager and developer of distinctive urban workspace in Canada’s major cities and network-dense urban data centres in Toronto that form Canada’s hub for global connectivity, recently completed a $345 million public equity offering o...
Insights EnergyInsider
Amendments to Ontario’s Renewable Energy Facility Regulations Emily Chittick and David Stevens Jun 21, 2019 On May 31, 2019, the Ontario government published two new regulations relating to renewable energy facilities. The first – O. Reg. 121/19: Transitional Matters – Renewable Energy Generation Facilities – made under the Planning Act, provides clarity on the authority of municipal planning authoriti...
News Firm News
Tim Lowman Recognized Among World’s Top IP Strategists Timothy M. Lowman Jun 20, 2019 Tim Lowman is recognized in the 2019 edition of IAM Strategy 300: The World’s Leading IP Strategists.​
News
Aird & Berlis Proud to be a Finalist in the STEP Private Client Awards Rachel L. Blumenfeld, Donald Carr, Ed Esposto, Andrea McEwan, Marni Pernica, Elise M. Pulver and Melanie A. Yach Jun 20, 2019 Congratulations to our Estates & Trusts Group on becoming a Finalist in the International Legal Team of the Year (midsize firm) category for the STEP Private Client Awards 2019/2020!
Insights TheSpotlight
Smart Cities: An Opportunity for Engagement on Big Data Governance Steve J. Tenai Jun 20, 2019 Quayside, a proposed “smart city” on Toronto’s waterfront,1 has garnered a lot of attention about big data initiatives relative to privacy and data governance. Smart city proposals underscore the importance of balancing the benefits of data analytics with privacy rights. A reactive, complaints-ba...
Representative Matters
MediPharm Labs Completes $75 Million Bought Deal Financing Melanie Cole, Amy Marcen-Gaudaur, Meredith McCann and Barbara Worndl Jun 18, 2019 MediPharm Labs Corp., a leader in specialized, research-driven cannabis extraction and cannabinoid isolation, recently completed a $75 million bought deal offering of common shares.
Representative Matters
Feronia Inc. Completes US$19.3 Million Private Placement and Debt Settlement Richard M. Kimel, Amy Marcen-Gaudaur and Clair Affleck-Jacques Jun 06, 2019 Feronia Inc. recently completed a US$19.3 million private placement of common shares issued to existing shareholders Straight KKM 2 Limited, CDC Group plc and Golden Oil Holdings Limited at an issuance price of CAD$0.075 per share.
News Firm News
Aird & McBurney | Aird & Berlis IP Professionals Recognized in IAM Patent 1000 Erica L. Lowthers, PhD, Kitt Sinden, M.Sc., Lola A. Bartoszewicz, PhD, Kimberly A. McManus, PhD, Timothy M. Lowman and L.E. Trent Horne Jun 06, 2019 Aird & McBurney and Aird & Berlis are recognized in the IAM Patent 1000 – The World's Leading Patent Professionals 2019.
News Firm News
Aird & Berlis Joins Global Cannabis Partnership Melanie Cole May 27, 2019 Aird & Berlis is a proud new member of the Global Cannabis Partnership (GCP), a collaboration of leaders in the regulated adult-use cannabis industry.
News Firm News
Aird & Berlis Recognized in Managing Intellectual Property IP STARS Timothy M. Lowman and L.E. Trent Horne May 24, 2019 Aird & Berlis is proud to be recognized by Managing Intellectual Property in the IP STARS 2019 rankings as a notable Canadian firm for contentious trademark and patent matters.
Representative Matters
Alexandria Minerals Corporation Acquired by O3 Mining Inc. Jeffrey K. Merk, Thomas A. Fenton, Liam Tracey-Raymont, Nathan Gates and Francesco Gucciardo May 21, 2019 Alexandria Minerals Corporation entered into a definitive arrangement agreement with Chantrell Ventures Corp. and was acquired by O3 Mining Inc.
Representative Matters
Eve & Co Completes $10.45 Million Special Warrant Bought Deal Private Placement Melanie Cole, Sean Green and Richard M. Kimel May 10, 2019 On May 10, 2019, Eve & Co Incorporated completed a bought deal private placement of 20,900,000 special warrants at a price of $0.50 per special warrant for aggregate gross proceeds of $10,450,000. Eve & Co intends to use the net proceeds for greenhouse expansion and for working capital and genera...
Representative Matters
First Capital Realty Inc. Completes $133 Million Sale of Shopping Centre Portfolio Hayden Solomons, Nili Goldman and Dana Shen May 09, 2019 First Capital Realty Inc. completed its sale of a 50% interest in six net-leased, grocery-anchored shopping centers located in Ontario and Quebec to Firm Capital Property Trust for a purchase price of $133 million.
News Firm News
Celebrating World Intellectual Property Day Apr 25, 2019 In recognition of World Intellectual Property Day 2019, Aird & McBurney LP and Aird & Berlis LLP are proud to highlight the intersection between intellectual property and the world of sport.
Representative Matters
Veridian Corporation and Whitby Hydro Complete Merger Ron W. Clark, Jeremy D. Burke, Stephen Crawford, Sarah Newman, Dennis M. O'Leary, Barbara Worndl, Lorenzo Lisi and Barbra H. Miller Apr 01, 2019 On April 1, 2019, Veridian Corporation and Whitby Hydro Energy Corporation amalgamated to form Elexicon Corporation, and their subsidiaries amalgamated to form a single regulated electricity distribution subsidiary, Elexicon Energy Inc., and a non-regulated subsidiary, Elexicon Group Inc.
Representative Matters
Eve & Co Enters into Credit Facility to Fund Expansion of Its Greenhouse Production Facility Melanie Cole, Andrew Biderman, Sean Green, Richard M. Kimel 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.
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.
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.