Aird & Berlis LLP

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

Trends and Changes in Procurement Donald B. Johnston, Ajay Gajaria and Paige Backman May 29, 2019 Whether governed by the mandatory requirements set out by the Broader Public Sector Procurement Directive or voluntary guidelines established within your own organization, it is important to ensure that your procurement policies and practices are changing with the times. Technological advancement...

Events

Canadians Doing Business in Cuba: Implications Under the Helms-Burton Act Angela Swan and Stephen Zolf May 28, 2019 Recent actions taken by the Trump administration will have significant implications for Canadian companies active in the Cuban market. On April 17, 2019, the U.S. government announced that it will no longer suspend Title III of theCuban Liberty...

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...

Events

OH&S Law Update: A Year in Review Lorenzo Lisi, David S. Reiter and Cynthia R. C. Sefton May 14, 2019 Join our panel of legal experts as they share their seasoned occupational health and safety expertise to reveal, discuss and inform participants of the most pertinent OH&S matters from the last year. Topics will include cannabis use and the Occupational Health and Safety Act, the continu...

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.

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.

Publications Article

Due Diligence – A Brief Refresher Cynthia R. C. Sefton May 05, 2019 May 5th marks the start of what is now called Safety and Health Week, also known as North American Occupational Safety And Health Week. It is a good opportunity for employers, supervisors and workers to take time to assess whether their policies, procedures, training, monitoring and enforcement r...

Publications Article

Ford Government Launches Sweeping Planning Law Changes Hon. Peter Van Loan May 03, 2019 The Ford government launched a sweeping package of changes to the land use planning system with the objective of stimulating the supply of housing. Increasing housing supply is seen as critical to increasing affordability and helping Ontario residents achieve their dreams of home ownership.

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.

Publications Article

The Ontario Cannabis Control Act and Implications for Commercial Landlords Lessons Learned From a Prosecution Under the CCA David S. Reiter and Brian Chung Apr 24, 2019 This article discusses the CCA and the broad enforcement powers it contains. It also discusses a range of other potential impacts that commercial landlords can face under the new regime, and it offers insight into some steps that landlords can take to protect themselves.

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...

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 ...

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 ...

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.

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.

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Recent Developments