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Events
Managing Absenteeism in the Workplace Lorenzo Lisi, Meghan A. Cowan, Fiona Brown and Michael F. Horvat Mar 26, 2019 An employee’s intentional or regular absence from work can decrease productivity and impact company morale and finances. There are a number of critical steps employers must take to avoid absenteeism in the workplace, and methods to manage absenteeism when it happens.  Join Aird & ...
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...
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...
Publications Article
Pre-Incorporation Contracts and the Court of Appeal Angela Swan Mar 13, 2019 The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts. In Benedetto v. 2453912 Ontario Inc., the Court of Appeal has held that, notwithstanding that the promoter sought to protect himself from personal liability under subsection 21(4) of the ...
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...
Events
Going Public in Canada Archive Now Available! Sherri M. Altshuler Feb 06, 2019 Join our panel of experts from MNP, Aird & Berlis, the Canadian Securities Exchange, MGO | Ello Cannabis Alliance and Haywood Securities Inc. as we take you through the steps needed to go public in Canada. Listing in Canada provides greater access to capital and liquidity for shareholders, a...
Representative Matters
Firesteel Resources Acquires Remaining Interest of Nordic Mines Marknad AB Thomas A. Fenton, Melanie Cole, Liam Tracey-Raymont, Aaron T. Collins, Peter K. Czegledy and Carol J. Burns Feb 05, 2019 Firesteel Resources Inc., a mining company engaged in the acquisition and exploration of prospective precious and base metal properties in Canada and around the world, exercised its Minority Buy-Out Right to acquire the remaining 40% interest of Nordic Mines Marknad AB.
News Firm News
Aird & Berlis Announces New Partners Meghan A. Cowan, Marni Pernica and Vedran Simkic Jan 29, 2019 Aird & Berlis LLP is proud to announce that Meghan Cowan, Marni Pernica and Vedran Simkic have become partners of the firm. Meghan Cowan is a member of the firm's Litigation & Dispute Resolution Group, Workplace Law Group and Privacy & Data Security Group. She advises on a variety of ...
Publications Article
Court Confirms Multiple Wills As Valid Probate Planning Device Ed Esposto Jan 25, 2019 For months now, estate planning lawyers in Ontario have been dealing with the uncertainty caused by the decision of the Ontario Superior Court of Justice in Re Milne Estate. To the great relief of many lawyers, yesterday a panel of three judges of the Divisional Court of the Ontario Superior Cour...
News Firm News
Angela Swan Recipient of Honorary LLD Angela Swan Jan 25, 2019 Congratulations to Angela Swan who was presented with a degree of Doctor of Laws, honoris causa (LLD) by the Law Society of Ontario at its Call to the Bar ceremony.
Publications Article
You Asked, We Answered: Top Workplace Law Issues Michael F. Horvat Jan 24, 2019 We recently held our Top Workplace Law Issues of 2018 webinar, where we took a look back and are preparing for the year ahead. A few recurring themes arose in the questions our audience asked. Here we answer some of your most frequently-asked questions.
Publications Article
When Compliance Isn’t Enough: Ensuring Compliance Through Alternative Methods Under the OHSA David S. Reiter Jan 24, 2019 An interesting case from the Court of Appeal makes it clear that simply complying with OHSA regulations isn’t always enough. The regulations don’t provide prescriptive certainty, and employers must meet the higher standard of taking all reasonable precautions to protect their workers.
Publications Article
Clarity in Appeal Procedures: The BIA Prevails Steven L. Graff, Miranda Spence, Kyle B. Plunkett and Monica Carinci Jan 23, 2019 A recent decision of Justice Watt of the Ontario Court of Appeal definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act and the Courts of Justice Act.
Publications Article
Province Releases Proposals to Change Growth Plan for Greater Golden Horseshoe Changes Aim to Increase Housing Supply and Stimulate Economic Growth Hon. Peter Van Loan Jan 18, 2019 On January 15, 2019, the Minister of Municipal Affairs posted proposed changes to the Provincial Growth Plan for the Greater Golden Horseshoe on the Environmental Bill of Rights Registry. The province is now receiving comments on the proposed changes for 45 days.
Events
Top Workplace Issues of 2018: Looking Back and Preparing for the Year Ahead Archive Now Available! Lorenzo Lisi, Fiona Brown, Meghan A. Cowan and Michael F. Horvat Jan 16, 2019 2018 was a year of change for the Canadian workplace. On January 1, 2018, the minimum wage in Ontario increased by 20% to $14/hour. Employers were planning for a number of other changes resulting from Bill 148 (the Fair Workplaces, Better Jobs Act, 2017), the province’s largest labour bill ...
News
Patricia Foran and Patrick Harrington Author Book Focused on Planning Legislation Reform in Ontario Patricia A. Foran and Patrick Harrington Jan 11, 2019 Patricia Foran and Patrick Harrington have written Ontario Planning Legislation & Commentary, 2019 Edition, published by LexisNexis Canada.
Representative Matters
Muslim Green Cemetery Successful in Application John J. Longo and Patrick Copeland Jan 09, 2019 Muslim Green Cemeteries Corporation, represented by litigation lawyers John Longo and Patrick Copeland, has been successful in a number of applications (and resulting appeals) involving Toronto Muslim Cemetery Corporation.
News
Ron Clark's Latest Book Focuses on Municipally-Owned Corporations in Ontario Ron W. Clark Jan 07, 2019 Ron Clark, a corporate/commercial and energy lawyer at Aird & Berlis, has written Regulation and Governance of Municipally-Owned Corporations in Ontario, published in January 2019 by LexisNexis Canada.
Representative Matters
Guelph Hydro and Alectra Complete Amalgamation Ron W. Clark, Margaret T. Nelligan, Lisa E. Moreau, Corrine Kennedy, Stephen Crawford, Barbara Worndl, Barbra H. Miller, Jill P. Fraser, Alyssa Gebert and Sarah Newman Jan 01, 2019 On January 1, 2019, following extensive community engagement and approval by Guelph City Council and the Ontario Energy Board, the City of Guelph, through its wholly-owned subsidiary, Guelph Municipal Holdings Inc., transferred 100% percent of the equity in the capital of Guelph Hydro Electric Sy...
Publications Article
Ontario Cannabis Retail: Just Painful Jeremy D. Burke and Gobind Ahuja Dec 19, 2018 On December 13, 2018, the Government of Ontario announced that it is taking a phased approach to the licensing of brick-and-mortar retail cannabis stores. Citing cannabis product supply shortages, Ontario will now initially limit the number of retail licences to 25. Such limited number of stores ...
Representative Matters
Management Buyout Completed of Launchlife International Inc. Stanley W. L. Freedman, Andrew Biderman, Aarondeep (Aaron) S. Bains and Gobind Ahuja Dec 13, 2018 The management buyout of Launchlife International Inc., a North American private career college operator and franchisor, was recently completed.
Events
Sexual Harassment in the Workplace: How to Prevent it and How to Handle Allegations Like a Professional Archive Now Available! Meghan A. Cowan, Don Jack and Pamela Miehls Dec 12, 2018 Your company’s reputation is a valuable asset. In the era of the #MeToo movement, increasing numbers of Canadian workplaces must manage allegations of harassment and sexual misconduct. These allegations can arise even in workplaces where appropriate policies are in place. In a world where r...
Publications Article
Government of Ontario Announces Proposed Changes to the Planning Act Patricia A. Foran, Tom Halinski and Matthew Helfand Dec 07, 2018 On December 6, 2018, the Government of Ontario announced that Bill 66, Restoring Ontario’s Competitiveness Act, 2018, had undergone first reading by the Legislature. If it becomes law, Bill 66 will introduce sweeping amendments to a wide variety of statutes.
Publications Article
Ford Government Launches First Salvo in War on Red Tape Hon. Peter Van Loan Dec 07, 2018 Premier Ford launched his first advance on this deregulatory agenda on December 6, 2018, with the introduction of a bill entitled “An Act to Restore Ontario’s Competitiveness by Amending and Repealing Certain Regulations.” This red tape reduction legislation aims to eliminate barriers to job crea...
Publications Article
Additional Changes to Ontario Employment Standards – Hours of Work and Overtime Averaging Michael F. Horvat Dec 07, 2018 The Ontario government introduced omnibus legislation on December 6, 2018, that, when passed, will amend multiple statutes which the Minister of Economic Development, Job Creation and Trade stated were designed to “reduce red tape and regulatory burden” as part of the Provincial government’s Open...
Publications Article
Don’t Leave Workplace Safety out in the Cold Three Steps That Every Employer Should Be Taking to Protect Their Workers This Winter David S. Reiter Dec 07, 2018 Winter weather is once again upon us. With it comes the joy of the season, but also an increased risk to worker safety. That increased risk imposes special obligations on employers under the Occupational Health & Safety Act (OHSA). Some of the obligations are addressed in the OHSA’s Regulations....
Publications Article
What Happens at the Office Holiday Party Doesn’t Necessarily Stay at the Party Michael F. Horvat Dec 06, 2018 It’s that time of year again when companies across the country celebrate the holiday season, spread good cheer, reflect on the long (and hopefully successful) year past and toast the new year ahead. However, just because the party has begun, it does not mean that an employer’s obligation to its e...
Publications Article
AGCO’s Registrar’s Standards Published Jeremy D. Burke Dec 05, 2018 The Alcohol and Gaming Commission of Ontario today released their Registrar's Standards for the Private Retail Sale of Cannabis in Ontario. The AGCO Standards reflect the provincial regulator’s preference for outcome or objective-based standards, rather than highly-prescriptive rules.
News Firm News
Aird & Berlis Partners Recognized as Leading Canadian Litigation Lawyers L.E. Trent Horne and Steve J. Tenai Nov 30, 2018 Aird & Berlis is proud to announce that Trent Horne and Steve Tenai are recognized in the 2018 Lexpert Special Edition - Canada's Leading Litigation Lawyers.
Publications Article
AGCO Application Considerations for Cannabis Retailers Jeremy D. Burke Nov 29, 2018 As many readers will know, the Alcohol and Gaming Commission of Ontario is responsible for cannabis retail store licensing in Ontario. Applicants seeking to open a retail store will need a Retail Operator Licence, a Retail Store Authorization and a Cannabis Retail Store Manager Licence. The AGCO ...
Publications Article
A Reminder About Director and Officer Liability Under the OHSA David S. Reiter Nov 29, 2018 In Ontario, directors and officers are rarely convicted for workplace safety offences. In fact, such convictions represent less than three per cent of all the workplace safety convictions that have been posted on the Ministry of Labour’s Court Bulletin website over the past two years. However, a...
Events
Practical Issues in Expropriation Following a Change in Ownership Archive Now Available! David P. Neligan and Christopher J. Williams Nov 29, 2018 Once a plan of expropriation is registered, the legal title is transferred to the expropriating authority, but the owner may remain in possession of the property for some time. What happens between a change in ownership and before a change in possession can lead to various complications for key s...
News
Important Amendments to the Income Tax Act re RDTOH Nov 28, 2018 Recent amendments to the Income Tax Act (Canada) have made fundamental changes to the refundable tax regime applicable in respect of Canadian-controlled private corporations for taxation years of CCPCs that begin after 2018. CCPCs are required to pay a refundable tax of 38 1/3% on investment inco...
News
Postal Strike Alert Nov 28, 2018 As reported through multiple media outlets, Canada Post may undergo strike or lockout conditions as early as September 26, with Canadians seeing disruptions to their postal service before the end of September. Please note that invoices and cheques sent to and from Aird & Berlis LLP/Aird & McBurne...
Publications Article
An Update on Multiple Wills Elisabeth V. Atsaidis, Jack Bernstein, Rachel L. Blumenfeld, Stuart F. Bollefer, Donald Carr, Ed Esposto, David Malach, Andrea McEwan, Marni Pernica, Elise M. Pulver and Melanie A. Yach Nov 21, 2018 Estate practitioners are now faced with two competing decisions at the same level of Court which are arguably conflicting when it comes to the use of multiple wills to reduce Probate Tax. While Re Panda Estate does not overrule Re Milne Estate, estate practitioners across the province have welcom...
Representative Matters
Friends of Simon Wiesenthal Center for Holocaust Studies Successful at Board of Review Hearing David S. Reiter Nov 20, 2018 The Honourable Carla Qualtrough, the Minister responsible for Canada Post Corporation, has issued a final prohibitory order that will prevent the delivery of the publication Your Ward News, or any substantially similar material developed by its authors, through Canada Post’s unaddressed bulk mail.
Events
Tax Law Essentials for Private, Owner-Managed and Family Businesses Archive Now Available! Nick Torchetti, Edward Miller, David Malach, Stuart F. Bollefer and Elisabeth V. Atsaidis Nov 20, 2018 Tax laws and issues for private enterprises such as family-owned, privately-managed and owner-operated businesses are unique and complex. They can also differ greatly from one business to the next depending on a number of variables. Join our esteemed panelists as they shed light on some essentia...
Representative Matters
Nordic Gold Finalizes Supplemental US$7 Million in Funding Thomas A. Fenton, Sean Mason and Melanie Cole Nov 19, 2018 Nordic Gold Corp., a junior mining company with a near production gold mine in Finland, finalized all documents in relation to PFL Raahe Holdings LP, providing US$7 million in additional funding to enable Nordic to reach production at the Laiva Gold Mine.
Publications Article
Ontario’s Cannabis Regulations: Rushed to Release Jeremy D. Burke Nov 16, 2018 The Ontario government has released General Regulation 468/18 (the Regulation) under the Cannabis Licence Act, 2018 (the Licence Act) and has announced that the Alcohol and Gaming Commission of Ontario (the AGCO) will begin accepting retail store applications (online only) on December 17, 2018.
Events
The New Construction Act: What You Need to Know Archive Now Available! Sam Babe and Courtney Raphael Nov 14, 2018 The Construction Lien Act, now renamed the Construction Act, received Royal Assent on December 12, 2017. The amendments to the Construction Lien Act and holdback rules came into effect on July 1, 2018, while the new prompt payment and adjudication processes, and amendments related to liens agains...
Publications Article
Cameco Corporation v. The Queen: A Lesson in Sham and Canadian Transfer Pricing Adjustments Jack Bernstein, Edward Miller and Tyler Brent Nov 13, 2018 On September 26, 2018, the Tax Court of Canada released its decision in Cameco Corporation v. The Queen. The case addressed the transfer pricing provisions contained in subsection 247(2) of the Income Tax Act (Canada) (the “Act”) and whether the transactions in question were a sham. In a win for ...
Publications Article
A Problem Crying out for an Early Resolution Donald Carr Nov 13, 2018 The current wholesale upset of Ontario’s estates and trusts legal community over the decision in Re Milne is not only disturbing, but causes reflection on the origin of multiple wills in this province, as well as earnest hope for an early resolution of a huge problem.
Publications Article
Supreme Court of Canada Allows Appeal in Canada v. Callidus Capital Corporation Steven L. Graff and Alyssa Gebert Nov 08, 2018 Secured creditors can breathe a sigh of relief. We have received word that the Supreme Court of Canada has allowed the appeal from the bench in Canada v. Callidus Capital Corporation.
Publications Article
Canada’s New Industrial Design Act and Industrial Design Regulations Come into Force on November 5, 2018 Lola A. Bartoszewicz, PhD, Erica L. Lowthers, PhD, Kimberly A. McManus, PhD, Tony Sabeta, B.Eng. and Kitt Sinden, M.Sc. Nov 02, 2018 On November 5, 2018, Canada’s new Industrial Design Act and Industrial Design Regulations come into force. This article outlines some key changes to the Act and Regulations.
Events
The Canadian Real Estate Industry: Soaring to New Heights Archive Now Available! Patricia A. Foran, Tammy A. Evans and Sherri M. Altshuler Oct 31, 2018 Join our panel of industry leaders as they discuss current commercial and residential real estate issues in Ontario.
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