Aird & Berlis LLP

Publications Article

Double-Dipping in Canada: Prohibited by Law or Simply Poor Tax Etiquette? Francesco Gucciardo Jul 12, 2019 The Canada Revenue Agency recently took the unusual and unconventional step of notifying the tax community that it has settled a matter relating to a hybrid financing arrangement involving a forward subscription agreement. Where do these structures stand in Canada?

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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.

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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.

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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.

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Aird & Berlis Awarded 2019 Readers’ Choice Designation by Canadian HR Reporter Lorenzo Lisi, Eldon J. Bennett, Fiona Brown, Patrick Copeland, Meghan A. Cowan, Michael F. Horvat, Barbra H. Miller, 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.

Publications Article

A Smoother Ride for Lessors: Vicarious Liability Cap Extended to Include Ride-Hailing Services Jill P. Fraser, Alyssa Gebert and Portia Biswas Jul 04, 2019 Commercial auto lessors and their financial subsidiaries can breathe easy. Bill 107, Getting Ontario Moving Act, 2019 (the “Bill”), which extends the $1,000,000 liability cap to auto lessors where leased vehicles are used for ridesharing services, received Royal Assent on June 6, 2019.

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.

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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.

Publications Article

Report of the Special Senate Committee on the Charitable Sector Donald Carr Jun 27, 2019 The Report of the Special Senate Committee on the Charitable Sector came down on June 20, 2019. It was appointed by the Senate at the end of January 2018, tasked with delivering its report by the end of the year.

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...

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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...

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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.

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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...

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Legal Tech and the Changing Legal Services Industry - Weekly Update - June 19 Aaron Baer Jun 19, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.

Insights EnergyInsider

Canada’s Carbon Pricing Strategy Falls Short of Paris Agreement Target David Stevens and Stan Fedun Jun 18, 2019 A recent report published by the Office of the Parliamentary Budget Officer, Closing the Gap: Carbon pricing for the Paris target, estimates that Canada will need to impose a total carbon tax of $102 per tonne if it wishes to meet its Paris Agreement emissions target by 2030. Under the Paris Agre...

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.

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Alberta Passes Legislation to Repeal Provincial Carbon Tax Stan Fedun and David Stevens Jun 17, 2019 Shortly after Alberta’s United Conservative Party won a majority mandate, Premier Jason Kenney announced the first order of business for his government would be to “repeal the carbon tax, implement the Job Creation Tax Cut, cut red tape and open Alberta for business.”

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Canada’s New Digital Charter and What this Means for PIPEDA Aaron Baer and Sarah Newman Jun 13, 2019 On May 21, 2019, the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, announced the launch of Canada’s own Digital Charter.

Publications Article

The Facts Control the Law Cynthia R. C. Sefton Jun 12, 2019 A recent Ontario Court of Justice appeal overturned convictions of a company and its supervisor in connection with an accident that occurred at a wood processing facility. Unfortunately, a worker was seriously injured.

Publications Article

Employment Case Law Update: No Tort of Harassment in Ontario Meghan A. Cowan Jun 12, 2019 In its recent decision in Merrifield v. Canada (Attorney General), 2019 ONCA 205, the Ontario Court of Appeal held that a common law tort of harassment does not exist in Ontario.

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The Power Forward Challenge – Natural Resources Canada and the UK Department for Business Energy & Industrial Strategy Reward Innovation Ron W. Clark and Christian Nianiaris Jun 11, 2019 Natural Resources Canada’s and the UK Department for Business Energy & Industrial Strategy’s Power Forward Challenge is meant to galvanize the path toward a more sustainable future by exploring innovative smart grid technologies. Canadian and U.K. companies are competing to transform our means of...

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Breach of Court Order Leads to Jail Time Cynthia R. C. Sefton Jun 10, 2019 The British Columbia Court of Appeal has dismissed an appeal from an order of the province’s Supreme Court, in which that court sentenced a number of individuals to 14 days imprisonment each. The individuals who appealed pleaded guilty to violating an injunction order which restrained protestors ...

Publications Article

Modern Commercial Reality Triumphs in Interest Act Decision Alyssa Gebert and Jonathan Yantzi Jun 06, 2019 A recent decision from the Court of Appeal for Ontario has reaffirmed the court’s decision in Solar Power Network Inc. v. ClearFlow Energy Finance Corp. that section 4 of the Interest Act should be interpreted in accordance with “modern commercial reality.”

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.

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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.

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Legal Tech and the Changing Legal Services Industry Weekly Update - June 6 Aaron Baer Jun 06, 2019 This weekly update on the field of Artificial Intelligence identifies a number of interesting articles about technology and the law.

Insights TheSpotlight

Changes to Canada’s Trademarks Act Ken Clark, R. Grant Cansfield, L.E. Trent Horne and Timothy M. Lowman Jun 04, 2019 It has been a long time coming, but effective June 17, 2019, Canada’s new Trademarks Act takes force. Trademark applications filed after June 17 will be evaluated using Canada’s new rules.

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Warrantless Inspections Under the EPA and Potential Implications For Energy Companies Dennis M. O'Leary and Christian Nianiaris May 30, 2019 A recent Ontario Court of Appeal decision confirms that only a low threshold must be met for Ontario Ministry of the Environment and Climate Change provincial officers to conduct warrantless inspections of private property.

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Directors and Officers May Be Found Personally Liable Under CASL Aaron Baer and Sarah Newman May 28, 2019 In a recent compliance and enforcement decision, the CRTC found that nCrowd, Inc. sent CEMs that violated CASL. Importantly, the CRTC also found Brian Conley (“Conley”), the President and Chief Executive Officer of nCrowd, liable for the violations and imposed upon him an administrative monetary ...

Insights EnergyInsider

B.C. Does Not Have Jurisdiction to Regulate the Shipment of Bitumen Through the Province David Stevens and Stan Fedun May 27, 2019 In a unanimous decision, the British Columbia Court of Appeal held British Columbia does not have jurisdiction to regulate the shipment of “heavy oil” through the province.

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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.

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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 to be Acquired by O3 Mining Inc. Jeffrey K. Merk, Thomas A. Fenton, Nathan Gates and Francesco Gucciardo May 21, 2019 Alexandria Minerals Corporation has entered into a definitive arrangement agreement with Chantrell Ventures Corp.

Publications Article

Divisional Court Confirms Expropriation Claimants Not Immune to Interest and Costs Consequences Ajay Gajaria, David P. Neligan and Rebecca Hines May 16, 2019 The Ontario Divisional Court’s recent decision in Shergar Development Inc. v. City of Windsor1 (“Shergar”) shows expropriation claimants and expropriating authorities alike that an unreasonable claimant will not be insulated from adverse interest and costs consequences in appropriate circumstance...

Publications Article

M&A and Cannabis-Related Matters Martin Kovnats May 16, 2019 As one of the members of the Aird & Berlis Cannabis Group who deals with a lot of mergers and acquisitions (M&A), I thought that I may have something useful to add to the conversation about mergers and acquisitions within the cannabis industry. There is much speculation about capital formation an...

Publications Article

Bill 108: The Province Introduces Ministerial Oversight in Advance of School Board Expropriation Approvals Ajay Gajaria May 10, 2019 Contained in the multitude of changes under Bill 108, the More Homes, More Choices Act, 2019, introduced for First Reading on May 2, 2019, is a seemingly small change to the Education Act that may have significant implications on the expropriation activities of school boards across the province.

Representative Matters

Eve & Co Completes $10.45 Million Special Warrant Bought Deal Private Placement Richard M. Kimel, Melanie Cole and Sean Green 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.

Publications Article

Health Canada Seeks to Improve Cannabis Licensing Process Efficiency Jeremy D. Burke May 09, 2019 Health Canada has announced a material change to the Cannabis Act licensing process that will affect both current and future applicants. Prospective applicants for cultivation, processing or medical sale licences will now be required to complete construction of their cannabis facility prior to th...

Publications Article

The Duty to Accommodate: A Cooperative and Collaborative Process Fiona Brown and Michael F. Horvat May 09, 2019 The obligation of employers to accommodate personal family circumstance has become an important issue as both human resources and employees face work-life balance issues. The recent decision of the Human Rights Tribunal Ontario in Linklater v. Essar Steel Algoma Inc. provides some important guide...

Publications Article

Employer With Three Prior Convictions Given Jail Sentence Cynthia R. C. Sefton May 09, 2019 At a May 7, 2019 sentencing hearing in R. v. Bell, a sole proprietor of a small roofing company, (B), was sentenced to seven days in jail after a guilty plea to a July 22, 2017 offence where there were no injuries. There are several lessons to take away from this case and recent trends in health ...

Publications Article

Some Dos and Don’ts for Internal Workplace Accident Investigations David S. Reiter May 09, 2019 This article provides a brief overview of the law on privilege as it pertains to employers’ internal investigations into workplace accidents, and we map out some broad steps that companies may have available to them to protect their workplace accident investigations.

Publications Article

Province Introduces an Updated Growth Plan for the Greater Golden Horseshoe David P. Neligan May 07, 2019 Among the flurry of legislative changes recently announced on May 2, the Province introduced a new Growth Plan for the Greater Golden Horseshoe (“A Place to Grow”), which is anticipated to come into effect on May 16, 2019.

Publications Article

Bill 108: Summary of Key Amendments to Planning Act and Local Planning Appeal Tribunal Act Meaghan Barrett May 06, 2019 On May 2, 2019, Bill 108, the More Homes, More Choices Act, 2019 received First Reading. Bill 108 proposes a number of amendments to the land use planning regime in Ontario.

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 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.

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.

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