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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...
Representative Matters
Pistil Partners Completes Financing and Strategic Acquisition Sherri M. Altshuler, Melanie Cole, Amy Marcen-Gaudaur and Meredith McCann Oct 21, 2019 Pistil Partners Inc. completed a private placement of its common shares and acquisition of Ironside Hemp Company Inc., a private U.S.-based hemp management company.
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.
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 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.
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
Contracting Out Construction Projects on Your Business’s Property Limiting Your Liability Exposure Under the OHSA David S. Reiter Jul 17, 2019 Businesses that hire contractors to perform work are liable for the health and safety of their contractors’ workers, even if the contractor was hired precisely because it has a particular expertise that the business doesn’t have.
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?
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.
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
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.
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.
Insights TheSpotlight
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...
Insights EnergyInsider
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.”
Insights TheSpotlight
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.
Insights EnergyInsider
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...
Insights EnergyInsider
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.”
Insights TheSpotlight
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.
Insights EnergyInsider
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.
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.
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 ...
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.