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Publications Article
Uber v. Heller: Supreme Court Throws Out Dutch Arbitration Clause As Unconscionable By Aaron Baer, Fiona Brown, Benjamin Mayer-Goodman and Steve J. Tenai Jul 09, 2020 Most people would find that a mandatory $14,500 arbitration fee hidden in their employment contra... Most people would find that a mandatory $14,500 arbitration fee hidden in their employment contract is an unexpected and unfair contractual term. The Supreme Court of Canada agrees. On June 26, 2020, the Supreme Court of Canada released its decision in Uber Technologies Inc...
Publications Article
Legal and Regulatory Landscape for Psychedelics Companies Considering “Going Public” in Canada By Sherri M. Altshuler, Jeffrey K. Merk, Danny Kharazmi and David Mba Jul 08, 2020 Over the past few months, many of the most actively traded stocks on the Canadian Securities Exch... Over the past few months, many of the most actively traded stocks on the Canadian Securities Exchange have been shares of companies involved in the psychedelics industry.
Publications Article
Court Permits Trustee to Access Bankrupt’s Premises and Assign a Lease Over Landlord’s Objection That the Premises Were Previously Surrendered by Receiver By Ian Aversa, Sam Babe and Shakaira John Jul 07, 2020 On June 18, 2020, the Ontario Superior Court of Justice released an endorsement in Cerberus Busin... On June 18, 2020, the Ontario Superior Court of Justice released an endorsement in Cerberus Business Financial, LLC v. B & W Heat Treating Canada, ULC, holding that the Commercial Tenancies Act grants a ...
Publications Article
Court Enforces Exculpatory Clause Dismissing Condominium Class Action By Steve J. Tenai, Brian Chung and Martin Henderson Jul 03, 2020 Over the last several years, we have seen the cancellation of several significant condominium dev... Over the last several years, we have seen the cancellation of several significant condominium developments. In response, for projects going to market after January 1, 2020, Tarion now requires that agreements of purchase and sale include an information sheet at the front of the purchase ...
Publications Article
Using the ATM to Avoid the Teller – The CSA Approves Amendments to Streamline ATM Offerings By Liam Tracey-Raymont and Portia Biswas Jul 02, 2020 The Canadian Securities Administrators have approved amendments to National Instrument 44-102 – S... The Canadian Securities Administrators have approved amendments to National Instrument 44-102 – Shelf Distributions (“NI 44-102”) and Companion Policy 44-102CP Shelf Distributions relating to At-the-Market Distributions that eliminate the requirement for reporting i...
Publications Article
A Stark Warning to Candidates for Municipal Office When Filing Their Campaign Election Statements By John Mascarin and Matthew Patterson Jul 02, 2020 The Ontario Court of Appeal made headlines recently when it released its decision in Karygiannis ... The Ontario Court of Appeal made headlines recently when it released its decision in Karygiannis v. Toronto (City), 2020 ONCA 411, removing Toronto City Councillor Jim Karygiannis from office for the second time this term.
Publications Article
Ontario Government Bans Commercial Evictions in Ontario: What Bill 192 Means to Landlords and Tenants By Kenneth Pimentel, Monty Warsh, Marco Gammone and Faruk Gafic Jun 25, 2020 Bill 192 (Protecting Small Business Act, 2020), which received Royal Assent on June 18, amends ce... Bill 192 (Protecting Small Business Act, 2020), which received Royal Assent on June 18, amends certain provisions of the Commercial Tenancies Act. The amendments are temporary in nature and are intended to limit enforcement action by landlords during the C...
Publications Article
As Businesses Reopen, They Need to Be Thinking About Their Workplace Safety Plans The Ministry of Labour Has Just Made That Task Easier By Providing a Guide By David S. Reiter Jun 24, 2020 COVID-19 lockdowns have been our collective reality for the past four months. But with summer her... COVID-19 lockdowns have been our collective reality for the past four months. But with summer here and the increased openings across the province, businesses need to be thinking about how they are going to make their workplaces safe, as well as protect the health and safety o...
Publications Article
The Pendulum Swings Back By Fiona Brown, Michael F. Horvat and Lorenzo Lisi Jun 22, 2020 On June 17, 2020, the Ontario Court of Appeal issued a disappointing and (for employers) concerni... On June 17, 2020, the Ontario Court of Appeal issued a disappointing and (for employers) concerning decision with respect to the enforceability of termination provisions and the issue of severability.
Publications Article
Province Announces Proposed Amendments to the Growth Plan for the Greater Golden Horseshoe, 2019 By Patrick Harrington and Laura Dean Jun 19, 2020 This past week, the province announced a number of proposed changes to A Place to Grow: Growth Pl... This past week, the province announced a number of proposed changes to A Place to Grow: Growth Plan for the Greater Golden Horseshoe. The proposed amendments are intended to support municipalities to make it faster and easier to plan for anticipated growth. Thi...
Publications Article
The Plan to Reopen the Tax Court and the New Fast Track Settlement Conference System By Neil Bass and Josh Kumar Jun 09, 2020 On June 4, 2020, in a special virtual meeting held with the Tax Court of Canada Bench & Bar Liais... On June 4, 2020, in a special virtual meeting held with the Tax Court of Canada Bench & Bar Liaison Committee, the Tax Court of Canada outlined its tentative plan to resume operations and introduce a new, but temporary, Fast Track Settlement Conference System.
Publications Article
What’s My Limitation Period Again? Update on the Suspension of Limitation and Time Periods During the COVID-19 Crisis By Dillon Collett and John Pappas Jun 08, 2020 This article provides a practical summary of which limitation and time periods are affected by th... This article provides a practical summary of which limitation and time periods are affected by the province’s emergency measures and how litigants can prepare themselves for the post-pandemic legal system.
Publications Article
Ontario Government Introduces Infectious Disease Emergency Leave By Fiona Brown and Lorenzo Lisi Jun 02, 2020 The Government of Ontario has introduced a new regulatory amendment that places employees that ha... The Government of Ontario has introduced a new regulatory amendment that places employees that have been or will be temporarily laid off on “Infectious Disease Emergency Leave.”
Publications Article
CRA Resumes Audit Activity By Jesse L. Waslowski Jun 01, 2020 On May 28, 2020, the Canada Revenue Agency announced that audit activity, slowed by COVID-19, is ... On May 28, 2020, the Canada Revenue Agency announced that audit activity, slowed by COVID-19, is resuming. The CRA continues to prioritize matters beneficial to taxpayers, large dollar value files, and files with “strategic importance” to Canada, provinces/territories and treaty partners.
Publications Article
COVID-19 & Esports – Part 3 – Implications For the Future By Peter K. Czegledy May 27, 2020 In this article, the author suggests what such increased affinity may imply for the gaming and es... In this article, the author suggests what such increased affinity may imply for the gaming and esports industry in the future.
Publications Article
COVID-19 & Esports – Part 2 – The Socio-Cultural Context By Peter K. Czegledy May 26, 2020 This article explaines some of the attributes of gaming and esports, citing them as reasons that ... This article explaines some of the attributes of gaming and esports, citing them as reasons that might support a strong affinity for participants that perhaps should not be underestimated in the longer term.
Publications Article
COVID-19 and the Workplace: Remote Working Legal Considerations and Recommendations By Fiona Brown, Michael F. Horvat and Daria (Dasha) Peregoudova May 26, 2020 COVID-19 continues to disrupt workplaces across the country and a return to “normal” could be mon... COVID-19 continues to disrupt workplaces across the country and a return to “normal” could be months away. As employees remain sequestered, many businesses will have to maintain remote working conditions for a much longer time, and to a much larger group of employees, than ...
Publications Article
Reopening Your Business in a Post-COVID-19 World By David S. Reiter May 26, 2020 Lately, there has been a lot of discussion about what businesses need to be thinking about and do... Lately, there has been a lot of discussion about what businesses need to be thinking about and doing as we all, hopefully, start to emerge from the throes of the global pandemic. On its face, the conversation can seem complicated and multifaceted. For example, how will we interact with one anothe...
Publications Article
COVID-19 & Esports – Part 1 – The Economic and Industry Impact By Peter K. Czegledy May 25, 2020 This article addresses the stark contrast between how the esports industry was reacting and adapt... This article addresses the stark contrast between how the esports industry was reacting and adapting to the changes forced on society and the economy by the COVID-19 virus in comparison to many other industries.
Publications Article
COVID-19 Travel Restrictions and Tax Residency Relief By Louise R. Summerhill and Jesse L. Waslowski May 22, 2020 On May 19, the Canada Revenue Agency released guidance respecting potential unexpected tax reside... On May 19, the Canada Revenue Agency released guidance respecting potential unexpected tax residency consequences resulting from the travel restrictions around COVID-19.
Publications Article
Tax Limitation and Appeal Periods Extended By Louise R. Summerhill, Josh Kumar and Jesse L. Waslowski May 22, 2020 As part of the government’s ongoing response to the pandemic, draft legislation was proposed on M... As part of the government’s ongoing response to the pandemic, draft legislation was proposed on May 19, 2020, to extend limitation periods and appeal deadlines related to tax reassessments and disputes. Similarly, the Tax Court of Canada further extended its closure period.
Publications Article
Rent Relief Update #2- The Canada Emergency Commercial Rent Assistance Program By Kenneth Pimentel, Monty Warsh, Marco Gammone and Faruk Gafic May 21, 2020 By way of update to our latest publication entitled “Rent Relief Update – The Canada Emergency Co... By way of update to our latest publication entitled “Rent Relief Update – The Canada Emergency Commercial Rent Assistance Program,” the Canada Mortgage and Housing Corporation has released an updated publication that provides further clarification on the details of CECRA and tem...
Publications Article
Doing Business in Canada - Spring 2020 May 14, 2020 Aird & Berlis is pleased to present the Spring 2020 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.
Publications Article
Modernizing Amendments to Ontario’s Personal Property Security Act to Come Into Force Amid Increased Need for Electronic Commerce By Shakaira John May 14, 2020 Amendments to the Ontario Personal Property Security Act (the “PPSA”) to allow for the perfectio... Amendments to the Ontario Personal Property Security Act (the “PPSA”) to allow for the perfection of security interests by control of electronic chattel paper will be proclaimed into force on May 15, 2020.
Publications Article
Legal Update: COVID-19 & Construction By Trevor deBoer, Brian Chung and Courtney Raphael May 13, 2020 As Ontarians emerge from the stricter quarantine phases of the COVID-19 pandemic, businesses and ... As Ontarians emerge from the stricter quarantine phases of the COVID-19 pandemic, businesses and industries are taking stock of the new realities and their impacts on business practices and plans. While many construction professionals are engaged in the same process of evaluating changes and read...
Publications Article
The Law of Deposits By Angela Swan and Norman I. Kahn May 13, 2020 The law regarding standard real estate transactions is or should be straightforward. Unfortunatel... The law regarding standard real estate transactions is or should be straightforward. Unfortunately, courts — and particularly courts that should know much better — continue to make serious mistakes, mistakes that will cost clients a lot of money to correct. The Ontario Court of Appeal has now rep...
Publications Article
SCC Releases Reasons in 9354-9186 Québec inc. v. Callidus Capital Corp. By Sam Babe May 08, 2020 On May 8, the Supreme Court of Canada released its reasons for its January 23, 2020 unanimous dec... On May 8, the Supreme Court of Canada released its reasons for its January 23, 2020 unanimous decision in 9354-9186 Québec inc. v. Callidus Capital Corp. to allow the appeal of the decision of the Quebec Court of Appeal and reinstate the decision of the Quebec Superior Court.
Publications Article
To Declare or Not to Declare? Should Ontario’s Local Electricity Distribution Companies Pay Dividends in the Age of the Pandemic? By Ron W. Clark, Sarah Newman and Stephanie D’Amico May 05, 2020 The COVID-19 pandemic has disrupted both public health and economic stability on a global scale. ... The COVID-19 pandemic has disrupted both public health and economic stability on a global scale. As adverse financial conditions continue, businesses, and some regulators, are turning their attention to the question of whether c...
Publications Article
Practical Canadian M&A Advice During the COVID-19 Outbreak By Liam Tracey-Raymont and Martin Kovnats May 04, 2020 This article focuses on some of the most critical components of, and well-known provisions in, ty... This article focuses on some of the most critical components of, and well-known provisions in, typical Canadian M&A documentation that we have observed receiving additional consideration during the COVID-19 pandemic.
Publications Article
Rent Relief Update - The Canada Emergency Commercial Rent Assistance Program By Monty Warsh, Kenneth Pimentel, Marco Gammone and Faruk Gafic Apr 30, 2020 The Canada Mortgage and Housing Corporation has released a publication that provides clarificatio... The Canada Mortgage and Housing Corporation has released a publication that provides clarification on the details of the Canada Emergency Commercial Rent Assistance Program. This article provides information on some of the main points of clarification.
Publications Article
Rent Relief Has Arrived: Ontario-Canada Emergency Commercial Rent Assistance (OCECRA) By Monty Warsh, Kenneth Pimentel, Marco Gammone and Faruk Gafic Apr 27, 2020 On April 24, the Ontario government announced that it would be partnering with the Government of ... On April 24, the Ontario government announced that it would be partnering with the Government of Canada to implement certain rent relief measures through the Ontario-Canada Emergency Commercial Rent Assistance Program.
Publications Article
COVID-19 and the Workplace: Changes to the Canada Emergency Wage Subsidy and Summer Jobs Program By Fiona Brown, Michael F. Horvat and David Mba Apr 22, 2020 In this article, we explain the new changes to the Canada Emergency Wage Subsidy and provide answ... In this article, we explain the new changes to the Canada Emergency Wage Subsidy and provide answers to some other key questions that employers have asked about the subsidy.
Publications Article
The Pandemic, the Province of Ontario and the Luddites By Donald Carr Apr 22, 2020 Complying with the existing law in the Province of Ontario during the current pandemic has been a... Complying with the existing law in the Province of Ontario during the current pandemic has been a substantial challenge, especially for those dealing with the execution of wills and powers of attorney.
Publications
Ontario’s Suspension of Limitation Periods and Procedural Deadlines No Longer Applies to the Construction Act Effective April 16, 2020 By Brian Chung and Courtney Raphael Apr 17, 2020 As of April 16, 2020, Ontario’s temporary suspension of all limitation periods and procedural dea... As of April 16, 2020, Ontario’s temporary suspension of all limitation periods and procedural deadlines, made pursuant to the Order in Council made under s. 7.1 of the Emergency Management and Civil Protection Act, no longe...
Publications Article
BDC Provides Debt and Convertible Debt Relief Programs for SMEs and VC-Backed Companies Impacted by COVID-19 By Aarondeep (Aaron) S. Bains and Lynn Tay Apr 17, 2020 Emerging growth companies and small and medium enterprises have been especially vulnerable to the... Emerging growth companies and small and medium enterprises have been especially vulnerable to the economic impacts of COVID-19. In some instances, liquidity issues are threatening the short-term and long-term viability of these companies.
Publications Article
Changes to Planning Act Timelines During Ontario State of Emergency By Patrick Harrington and Leo F. Longo Apr 17, 2020 As part of its various legislative and regulatory responses to the current COVID-19 pandemic, the... As part of its various legislative and regulatory responses to the current COVID-19 pandemic, the Province of Ontario passed Ontario Regulation 73/20 to suspend limitation periods and procedural timelines under any statute, regulation, rule or by-law in effect in Ontario. This article summ...
Publications Article
Termination Provisions in Securities Offerings – Impacts of COVID-19 By Alicia McKeag and Meredith McCann Apr 16, 2020 In this article, we outline key considerations for issuers and underwriters/agents that could imp... In this article, we outline key considerations for issuers and underwriters/agents that could impact the negotiation of termination provisions associated with securities offerings during the COVID-19 crisis and beyond.
Publications Article
Proxy Advisory Firms Provide Guidance on Governance Matters in Light of COVID-19 By Melanie Cole and David Mba Apr 14, 2020 The 2020 proxy season is upon us, and as a result of COVID-19, many issuers likely require increa... The 2020 proxy season is upon us, and as a result of COVID-19, many issuers likely require increased flexibility in order to deal with the uncertainty and economic challenges that they may be facing. This article provides a summary of the key takeaways for issuers to consider ...
Publications Article
The Canada Emergency Wage Subsidy Comes Into Force By Francesco Gucciardo, Saam Nainifard, Barbara Worndl and David Malach Apr 12, 2020 On April 11, 2020, Parliament enacted the Canada Emergency Wage Subsidy into law, and it is signi... On April 11, 2020, Parliament enacted the Canada Emergency Wage Subsidy into law, and it is significantly broader than the framework released by the Department of Finance last week. Most notably, the legislation relaxes the revenue test for the month of March and provides flexibility in determini...
Publications Article
AGCO Updates and Ontario Government Emergency Order Permitting Pickup and Delivery of Recreational Cannabis by Licensed Retailers By Jeremy D. Burke, Danny Kharazmi and David Mba Apr 09, 2020 On March 17, 2020, the government of Ontario declared the COVID-19 pandemic to be a provincial em... On March 17, 2020, the government of Ontario declared the COVID-19 pandemic to be a provincial emergency, which allowed the Ontario government access to extensive statutory powers under the Emergency Management and Civil Protect...
Publications Article
Expanding Your Business to Canada By Fiona Brown and Aaron Baer Apr 09, 2020 We regularly advise foreign clients on expanding their businesses to Canada. In this document, we... We regularly advise foreign clients on expanding their businesses to Canada. In this document, we outline the most common questions that we hear from clients and discuss some of the most common considerations for companies looking to expand to Canada.
Publications Article
COVID-19 Update: Securities Regulators Grant Temporary Filing Relief By Melanie Cole, Adria Leung Lim and David Mba Apr 08, 2020 This article focuses on the blanket orders issued by the Ontario Securities Commission under Onta... This article focuses on the blanket orders issued by the Ontario Securities Commission under Ontario Instrument 51-502 Temporary Exemption from Certain Corporate Finance Requirements on March 23, 2020.
Publications Article
COVID-19 Update: Ontario Provides Temporary Relief Relating to Meeting Requirements Under the Corporations Act (Ontario) and Business Corporations Act (Ontario) By Melanie Cole, Adria Leung Lim and David Mba Apr 08, 2020 In one of our recent posts, we discussed the current COVID-19 pandemic and ways to navigate socia... In one of our recent posts, we discussed the current COVID-19 pandemic and ways to navigate social distancing requirements during proxy season through virtual meetings. Since then, the Government o...
Publications Article
Rent Deferrals – How They Affect GST/HST Obligations By Neil Bass and Monty Warsh Apr 08, 2020 Many landlords are entering into rent deferral arrangements with their commercial tenants in ligh... Many landlords are entering into rent deferral arrangements with their commercial tenants in light of recent COVID-19 pandemic-related matters. How such rental deferrals are structured will impact the GST/HST reporting elements for both the landlord and the tenant.
Publications Article
SCC Grants Leave to Appeal Priority of CCAA Charges Over Federal Source Deduction Deemed Trusts By Sam Babe, Ian Aversa, Shakaira John and Gaurav Gopinath Apr 06, 2020 On March 26, leave to appeal the decision of the Alberta Court of Appeal in Canada v. Canada Nort... On March 26, leave to appeal the decision of the Alberta Court of Appeal in Canada v. Canada North Group Inc. was granted by the Supreme Court of Canada. No reasons were given.
Publications Article
Current Status of Court Access for Insolvency and Bankruptcy Matters in Light of COVID-19 By Steven L. Graff and Shakaira John Apr 03, 2020 The global COVID-19 pandemic has resulted in widespread closures and suspension of operations, in... The global COVID-19 pandemic has resulted in widespread closures and suspension of operations, including within the justice system in Ontario. Ontario courts have issued a number of notices detailing the changes to regular court operations.
Publications Article
Financial Services in the Time of COVID-19: Defaults Under Credit Agreements and Options for Lenders in Response By Steven L. Graff and Shakaira John Apr 03, 2020 The global COVID-19 pandemic presents extraordinary challenges for all participants in the financ... The global COVID-19 pandemic presents extraordinary challenges for all participants in the financial services industry. The timing, expanse and severity of the situation means that lenders and borrowers will need to quickly explore the implicat...
Publications Article
Financial Services in the Time of COVID-19: Practical Considerations for Lenders When Dealing With Defaults By Lynn Tay Apr 03, 2020 As the global health crisis continues to erode the economic outlook, a material increase in credi... As the global health crisis continues to erode the economic outlook, a material increase in credit agreement covenant defaults is inevitable. In this article, we examine some practical considerations for lenders when dealing with defaults.
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