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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...
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...
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.
Publications Article
What U.K. Employers Should Know About Canadian Employment Law Fiona Brown and Michael F. Horvat Sep 30, 2019 Canadian employment law shares many similarities with U.K. employment law by virtue of Canada having inherited its common law system from the U.K. Nevertheless, it is important for U.K. employers seeking to expand operations into Canada to understand how Canadian employment legislation operates w...
Publications
Changes Coming to Ontario Regulations Coming January 1, 2020 – Will You Be Ready? Cynthia R. C. Sefton Sep 30, 2019 Amendments to two regulations under the Occupational Health and Safety Act come into effect on January 1, 2020. If your workplace exposes workers to biological or chemical agents or to materials which are defined designated substances, you should review the coming changes and ensure that your bus...
Publications Article
It’s Election Time (Again): Your Employees’ Voting Rights Daria (Dasha) Peregoudova Sep 30, 2019 As an employer, you are likely asking what rights your employees have during the upcoming federal election on October 21, 2019, and what your corresponding obligations might be.
Events
Managing Terminations: A Practical Overview and Employment Law Update Archive Now Available! Daria (Dasha) Peregoudova, 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...
Publications Article
Insolvency Legislation Reforms to Take Effect November 2019 Ian Aversa, Shakaira John and Andy Nguyen Sep 19, 2019 On November 1, a number of amendments to the Bankruptcy and Insolvency Act and the Companies’ Creditors Arrangement Act will come into force pursuant to the Canadian federal government’s budget implementation legislation for 2018 and 2019.
Publications
Ontario Cannabis Lottery Disqualifications on the Rise Jeremy D. Burke Sep 16, 2019 The Ontario court has ordered a two-week stay of the entire lottery process, preventing the AGCO from advancing the application process for any of the lottery winners.
Publications Article
Where’s My Income? Donald Carr Sep 13, 2019 It is sometimes suggested that providing for spousal trusts in “family wills” today is less frequent than before amendments to the Income Tax Act substantially removed the ability to reduce income taxes by the use of them. Nevertheless, my own experience dictates that, tax issues aside, many test...
Events
Bill 108 Updates: Key Amendments Archive Now Available! Leo F. Longo, Patrick Harrington and Tom Halinski Sep 13, 2019 On September 3, 2019, the Province proclaimed into force a number of amendments to the land use planning regime in Ontario.
Publications Article
Welcome (Back) to the (New) Planning Act Patrick Harrington Sep 06, 2019 As of September 3, 2019, the Bill 139 regime is no more. As previously summarized by our Group, Bill 108, which received Royal Assent on June 6, 2019 as the More Homes, More Choice Act, 2019, effectively repeals the Bill 139 regime and (re) introduces a number of amendments to the Planning Act an...
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.
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.
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.
News
Aird & Berlis Proud to be a Finalist in the STEP Private Client Awards Rachel L. Blumenfeld, Donald Carr, Ed Esposto, Andrea McEwan, Marni Pernica, Elise M. Pulver and Melanie A. Yach Jun 20, 2019 Congratulations to our Estates & Trusts Group on becoming a Finalist in the International Legal Team of the Year (midsize firm) category for the STEP Private Client Awards 2019/2020!
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.
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