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Events
Managing Terminations: A Practical Overview and Employment Law Update Lorenzo Lisi, Fiona Brown, Michael F. Horvat and Meghan A. Cowan Sep 26, 2019 Ending an employment relationship is often the last thing employers want to think about. However, due to a slowdown in work, a restructuring, performance issues, misconduct or lack of “fit” within the organization, sometimes an employment relationship has to come to an end. Managing t...
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.
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.
Events
Ontario's Second Round Cannabis Retail Lottery: Navigating the Regulatory Landscape Archive Now Available! Jeremy D. Burke Jul 25, 2019 Ontario’s cannabis retail market is set to expand with the government’s recent announcement that the Alcohol and Gaming Commission of Ontario will issue 50 new cannabis retail licences. The 25 winners of the first lottery round have begun successfully building their brands, and on Aug...
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...
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.
Publications Article
Ontario Government Cannabis Retail Licence Lottery, Part Deux Jeremy D. Burke and Vernon Lin Jul 08, 2019 The Ontario government announced plans to conduct a second cannabis retail licence lottery process.
Publications Article
Health Canada Proposes New Regulatory Pathway for “Cannabis Health Products” Jeremy D. Burke and Vernon Lin Jul 08, 2019 "Consultation on Potential Market for Cannabis Health Products that would not Require Practitioner Oversight" canvasses Health Canada’s plans to create a new regulatory pathway for Cannabis Health Products (“CHPs”) in the context of seeking public and industry input on this proposed new branch of...
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.
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.
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.
Events
Pride at Work Archive Now Available! Lorenzo Lisi and Michael McDonald Jun 26, 2019 In this webinar, our panel will discuss ways to empower employers to build inclusive workplaces and outline the laws which protect the LGBTQ2+ community on the job.
Events
Send in the Business Valuators! When Market Value is Not Enough, Who Are You Going to Call? Archive Now Available! Christopher J. Williams and Andrea Skinner Jun 25, 2019 When a property that contains a business is expropriated, in whole or in part, compensation issues extend far beyond the market value of the lands taken. Even where no land is expropriated, but an expropriating authority’s project interferes with the operation of a nearby business (e.g. int...
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...
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.​
Representative Matters
Commercial Gaming Association of Ontario Concludes Multi-Year Negotiation with the Ontario Lottery and Gaming Corporation Peter K. Czegledy and Aaron Baer Jun 20, 2019 A multi-year negotiation has successfully concluded between the Commercial Gaming Association of Ontario and its members and the Ontario Lottery and Gaming Corporation over a new form of agreement and policies to be adopted across the charitable gaming industry in the Province of Ontario.
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.
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.
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.
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.
Events
Trends and Changes in Procurement Archive Now Available! 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...
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.
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.
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.
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