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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 Andrew Biderman and 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.
Publications Article
Federal Government Introduces Economic Measures Responding to COVID-19 Pandemic By Stephen Crawford and Saam Nainifard Apr 03, 2020 On March 18, 2020, the federal government announced a series of economic measures intended to hel... On March 18, 2020, the federal government announced a series of economic measures intended to help stabilize the economy and provide support to Canadian individuals and businesses in dealing with the COVID-19 pandemic. While some of these measures have not yet been enacted into...
Publications Article
Tax Planning in a Down Market – Seize the Opportunities By Francesco Gucciardo Apr 03, 2020 In these difficult times, where asset values may be depressed, there may be some planning opportu... In these difficult times, where asset values may be depressed, there may be some planning opportunities that you can take advantage of in order to free up some cash flow or reduce future taxes payable.
Publications Article
Canada’s Emergency Wage Subsidy Provides Relief to Canadian Corporations By Joanne C. Coldwell, Angelo Gentile, Francesco Gucciardo, Lorenzo Lisi, Barbara Worndl, Stephen Crawford and Saam Nainifard Apr 03, 2020 On April 1, 2020, the Department of Finance announced the new Canada Emergency Wage Subsidy deliv... On April 1, 2020, the Department of Finance announced the new Canada Emergency Wage Subsidy delivering a 12-week wage subsidy of up to 75% of wages paid starting March 15, 2020.
Publications
COVID-19 and the Workplace: Further Updates on Recent Federal Announcements By Daria (Dasha) Peregoudova and Meghan A. Cowan Apr 02, 2020 Employers are facing unprecedented times in dealing with the impact of the global COVID-19 pandem... Employers are facing unprecedented times in dealing with the impact of the global COVID-19 pandemic on their workplaces. In this bulletin, Aird & Berlis’ Workplace Law Group provides a further update on recent announcements by the federal government that apply to employer...
Publications Article
COVID-19 – Keeping Up With the Tax Updates By Louise R. Summerhill and Neil Bass Mar 31, 2020 On Friday, March 27, the Canada Revenue Agency released more updates to its administrative relief... On Friday, March 27, the Canada Revenue Agency released more updates to its administrative relief for income tax and HST filings.
Publications
Tax Disputes Amidst COVID-19 By Louise R. Summerhill, Josh Kumar and Jesse L. Waslowski Mar 27, 2020 In these times of uncertainty due to the pandemic, you may be wondering about the implications to... In these times of uncertainty due to the pandemic, you may be wondering about the implications to your current audits and tax disputes with the Canada Revenue Agency ("CRA"). Although the situation is fluid and changing rapidly, here is what we know so far.
Publications Newsletter
Tax Aspects of Ontario’s Action Plan to Respond to COVID-19 By Louise R. Summerhill and Jesse L. Waslowski Mar 27, 2020 Currently, businesses with less than $5 million in “total Ontario remuneration” have an exemption... Currently, businesses with less than $5 million in “total Ontario remuneration” have an exemption from employer health tax for the first $490,000 of remuneration. Retroactive to January 1, 2020, the exemption will increase to $1 million. Taxpayers who have already paid instalments on the basis of...
Publications
Confronting the Challenges of COVID-19: A Commercial Leasing Perspective By Kenneth Pimentel Mar 27, 2020 This article outlines some of the more salient issues currently facing landlords and tenants amid... This article outlines some of the more salient issues currently facing landlords and tenants amid the COVID-19 pandemic.
Publications Article
The COVID-19 Pandemic and Construction Issues By Brian Chung, Courtney Raphael and Trevor deBoer Mar 27, 2020 As the recent COVID-19 pandemic continues to wreak havoc on many aspects of businesses across sec... As the recent COVID-19 pandemic continues to wreak havoc on many aspects of businesses across sectors, including for those in the construction industry such as owners, developers, builders, contractors, lenders and others involved in construction projects, we have identified several challenges an...
Publications Article
Temporary Layoffs During a Global Pandemic – Difficult Choices Shared by Businesses and Employees By Lorenzo Lisi and Michael F. Horvat Mar 26, 2020 We are living in difficult times. We are right to be worried about our families, jobs and busines... We are living in difficult times. We are right to be worried about our families, jobs and businesses. One of the tools being widely considered and implemented by employers is the use of temporary layoffs.
Publications Article
Limitation and Procedural Time Periods “Freeze” during COVID-19 State of Emergency By Daria (Dasha) Peregoudova and Jasmine Chung Mar 26, 2020 On March 20, 2020, days after Premier Doug Ford declared a state of emergency pursuant to the Eme... On March 20, 2020, days after Premier Doug Ford declared a state of emergency pursuant to the Emergency Management and Civil Protection Act, Ontario took the significant step of ordering the suspension of all limitation periods and procedural time periods with respect to ong...
Publications Article
The Impact of COVID-19 on Disclosure and Filing Deadlines: Regulator Relief and Other Considerations for Canadian Public Companies By Melanie Cole, Adria Leung Lim and Gaurav Gopinath Mar 25, 2020 As COVID-19 continues to spread, the number of reporting issuers impacted by COVID-19 will contin... As COVID-19 continues to spread, the number of reporting issuers impacted by COVID-19 will continue to grow. Regardless of the industry a company is in, COVID-19 will likely impact all aspects of a reporting issuer’s business, ...
Publications Article
COVID-19 and the Law of Frustration By Angela Swan Mar 24, 2020 We are flying blind into this storm. The pandemic is certain to affect, and has already affected,... We are flying blind into this storm. The pandemic is certain to affect, and has already affected, all kinds of contractual relations. I think it possible, even probable, that COVID-19 will be held to be an “Act of God” and available to excuse performance of all kinds of contracts, contracts of em...
Publications Article
COVID-19 and the Workplace: Recent Federal and Ontario Emergency Measures By Daria (Dasha) Peregoudova and Meghan A. Cowan Mar 23, 2020 Employers are facing unprecedented times in dealing with the impact of the global COVID-19 pandem... Employers are facing unprecedented times in dealing with the impact of the global COVID-19 pandemic on their workplaces. In this bulletin, Aird & Berlis’ Workplace Law Group provides guidance on recent enactments by the federal and provincial governments that apply to Ontario workpla...
Publications Article
Virtual Shareholders’ Meetings: Navigating Social Distancing During Proxy Season in Light of COVID-19 By Melanie Cole, Adria Leung Lim and David Mba Mar 20, 2020 Amid the increasing global spread of COVID-19, corporations approaching proxy season are consider... Amid the increasing global spread of COVID-19, corporations approaching proxy season are considering alternative means for holding their annual general meetings.
Publications Article
The Impact of COVID-19 on Contractual Performance By Mark van Zandvoort and Gaurav Gopinath Mar 20, 2020 With the global spread of Coronavirus disease 2019 causing unprecedented disruption to individual... With the global spread of Coronavirus disease 2019 causing unprecedented disruption to individuals and businesses, many will wonder whether their inability to perform contractual obligations can be excused, or whether they may be discharged from a contract, either in reliance on a force majeure p...
Publications Article
Canada’s COVID-19 Economic Response Plan By Saam Nainifard, Robert Santia and Tyler Brent Mar 18, 2020 Today, Prime Minister Justin Trudeau announced a new set of economic measures to help protect the... Today, Prime Minister Justin Trudeau announced a new set of economic measures to help protect the economy from the damage caused by COVID-19. Included in the Government’s package is a set of tax measures designed to provide immediate relief to businesses and individuals that may be facing hardshi...
Publications Article
Ontario Court of Appeal Holds No Leave Required in Appeals of Bankruptcy Orders By Sam Babe Mar 13, 2020 On March 6, the Ontario Court of Appeal released its decision in Royal Bank of Canada v. Bodanis, holding that two debtors, each having an estate exceeding $10,000 in value, had appeals of their bankruptcy orders as of right under section 193 of the Bankruptcy and Insolvency A...
Publications Article
Anisman v. Drabinsky: Claim to Set Aside Fraudulent Conveyance of Land Subject to Real Property Limitations Act 10-Year Limitation Period By Sam Babe Mar 06, 2020 On February 25, the Ontario Superior Court of Justice released its decision in Anisman v. Drabinsky, holding, among other things, that the limitation period for attacking a transfer of real property as fraudulent under ...
Publications Article
Crown Immunity From Subdivision Control By Matthew Helfand and Leo F. Longo Mar 03, 2020 Do subdivision control provisions in the Planning Act apply to Crown corporations? The answer is, it depends.
Publications Article
Food Delivery Drivers Open to Unionization – Expanding Labour Relations to E-commerce By Fiona Brown, Michael F. Horvat and David Mba Mar 02, 2020 On February 25, the Ontario Labour Relations Board delivered a crucial decision regarding Foodora, an online food delivery service that had contracted with independent bike couriers to deliver restaurant food to patrons. Foodora is one of the many “app” delivery service c...
Publications Article
Hearings of Necessity Eliminated for Certain Transit Priority Projects By Matthew Helfand, Ajay Gajaria and David P. Neligan Feb 25, 2020 On February 18, the Ontario government introduced for first reading Bill 171. If passed, Bill 171 will allow the Lieutenant Governor in Council to designate land as transit corridor land if it is or may be required for a ‘priority transit project.’
Publications Article
Debtor and Creditor Bring Competing CCAA and Receivership Applications, NL Court Dismisses Both By Sam Babe Feb 20, 2020 On December 30, 2019, the Supreme Court of Newfoundland and Labrador released its decision in Re Norcon Marine Services Ltd., dismissing both an application by a debtor for continuance of its Bankruptcy and Insolvency Act proposal proceedings under the Companies...
Publications Article
Novel Coronavirus 2019 - Precautionary Measures in the Workplace By Fiona Brown and Lorenzo Lisi Feb 20, 2020 Lessons learned during the SARS epidemic will play an important role given the introduction of Coronavirus, a new contagious and potentially deadly virus. The purpose of this article is to highlight how employers in Ontario take precautionary measures, while also acknowledging the regional ri...
Publications Article
Alta Energy: Canada’s Federal Court of Appeal Rules That Treaty Shopping is Not Abusive By Jack Bernstein, Francesco Gucciardo, Barbara Worndl and Tyler Brent Feb 14, 2020 The Federal Court of Appeal in Alta Energy held that the Appellant, a Luxembourg corporation, could properly rely on the Canada-Luxembourg Treaty to claim an exemption from Canadian tax on a capital gain realized on the sale of shares of a Canadian corporation engaged i...
Publications Article
Alberta Court of Appeal Orders Trustee to Post Security for Costs By Sam Babe Feb 13, 2020 On January 29, 2020, the Alberta Court of Appeal released its decision in PricewaterhouseCoopers Inc. v Perpetual Energy Inc., granting applications requiring a trustee in bankruptcy to post security for costs on appeals brought by the Trustee.
Publications Article
Ontario Court Revisits Issue of Landlord Drawing on a Letter of Credit in Excess of BIA Preferred Claim By Sam Babe, Shakaira John and Lynn Tay Feb 13, 2020 In 7636156 Canada Inc. v. OMERS Realty Corporation, the Ontario Superior Court of Justice held that a bankrupt’s landlord was only entitled to have drawn down on a letter of credit by an amount equal to the landlord’s priority claim for three months’ acc...
Publications Article
Proactive Super-Priority of DIP Lenders Prevails over Reactive Post-Filing Creditors By Ian Aversa, Jeremy Nemers and Shakaira John Feb 13, 2020 The Quebec Court of Appeal’s unanimous decision in Gestion Éric Savard reaffirms the super-priority ranking of CCAA DIP financing over regular unpaid post-filing obligations, absent steps being taken to reverse this usual order of priorities.
Publications Article
Application to Replace a CCAA Monitor Denied for Lack of Standing By Sam Babe, Shakaira John and Gurpal Bopa Rai Feb 13, 2020 On October 10, 2019, the Supreme Court of British Columbia released its decision in 8640025 Canada Inc. (Re), denying an application to replace the monitor in a Companies’ Creditors Arrangement Act proceeding because the applicant was not a creditor and therefore had no standing to bring su...
Publications Article
SCC Reinstates Quebec Superior Court Judgment in 9354-9186 Québec inc. v. Callidus Capital Corp. By Sam Babe Jan 31, 2020 On January 23, the Supreme Court of Canada delivered its 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
A Lesson on Permitted Uses By Kenneth Pimentel Jan 29, 2020 The case of JCP Drugs Ltd. v. Daniels Leslieville Corp. is an example of why it is so important to pay close attention to permitted use clauses in commercial leases.
Publications Article
A New Year’s Reminder From the Ministry of Labour About Workplace Violence By David S. Reiter Jan 23, 2020 Last week, the Ministry of Labour laid nine charges under the Occupational Health and Safety Act against an Ontario health facility. These charges are a reminder for businesses that workplace violence continues to be a significant problem in Ontario, and they highlight why employers...
Publications Article
Recent and Significant Decisions in Employment and Labour Law By Daria (Dasha) Peregoudova Jan 23, 2020 More and more commonly, employers are offering alternatives in how they compensate their employees, such as the granting of share options and restricted share units. When faced with interpreting which of these incentives an employee is entitled to upon termination in cases where the employee has...
Publications Article
Canada (Minister Of Citizenship And Immigration) v. Vavilov: Supreme Court of Canada Revisits the Standard of Review By Matthew Helfand Jan 06, 2020 In Canada (Minister Of Citizenship And Immigration) v. Vavilov, the Supreme Court of Canada charts a new course forward for determining the standard of review that applies when a court reviews the merits of an administrative decision.
Publications Article
Delayed Implementation of New Stock Option Rules By Barbara Worndl and Carol J. Burns Dec 20, 2019 In Canada’s 2019 Federal Budget, the Government announced its intent to limit the use of the current employee stock option tax regime that results in preferential personal tax treatment for certain employee stock options. Under the existing rules, an employee is entitled to deduct one-half ...
Publications Article
Ontario Court of Appeal Holds Mortgage Guarantees Subject to Real Property Limitations Act 10-Year Limitation Period Dec 19, 2019 On December 18, 2019, the Ontario Court of Appeal (the “OCA”) released its decision in Hilson v. 1336365 Alberta Ltd.
Publications Article
Off-Duty Conduct and the Employment Relationship: Where Is the Line? By Lorenzo Lisi and Michael F. Horvat Dec 18, 2019 While the Remembrance Day telecast of Hockey Night in Canada wasn’t particularly lengthy, Don Cherry’s comments on support for the troops that night created a social media storm, which ultimately led to the end of his relationship with Sportsnet. More than anything else, this is a reminde...
Publications Article
Ontario Court of Appeal Confirms Pre-Filing Debts May Be Paid in Proposal Proceeding to Ensure Continued Critical Supply Dec 11, 2019 On December 3, the Ontario Court of Appeal released its decision in 1732427 Ontario Inc. v. 1787930 Ontario Inc. At issue was a pre-authorized debit payment processed by a supplier after a debtor filed a notice of intention to file a pro...
Publications Article
Ontario Court of Appeal Affirms Equipment Lessor’s Right to Sue on Guarantee Despite Assignment of Lease Rights By Jill P. Fraser Dec 05, 2019 On December 3, the Ontario Court of Appeal released its decision in 1951584 Ontario Inc. (Maxium Financial Services Inc.) v. Altavision Plus Inc., upholding a summary judgment in respect of personal guarantees of equipment lease obligations.
Publications Article
What Employers Should Know About Ontario’s Pay Equity Act By Fiona Brown and Jasmine Chung Nov 28, 2019 Despite the Ontario Pay Equity Act being in force since Jan. 1, 1988, many employers remain unaware of their pay equity obligations and, also, the significant penalties for failing to do so.
Publications Article
The Ministry of Labour is Appealing the Greater Sudbury Decision What this means for businesses that contract out work By David S. Reiter Nov 28, 2019 When a business hires a contractor, is the business the Employer of its subcontractor and of its subcontractor’s workers under the Occupational Health and Safety Act?
Publications Article
Alberta Court of Appeal Confirms Soundair Test By Sam Babe Nov 20, 2019 On November 14, the Alberta Court of Appeal released its decision in PricewaterhouseCoopers Inc. v. 1905393 Alberta Ltd., dismissing an appeal of an approval and vesting order made in the context of a receivership proceeding.
Publications Article
CSA Highlights Need for Financial Interest Disclosure in Cannabis-Related M&A Transactions and Expresses Corporate Governance Concerns of Cannabis Issuers By Sherri M. Altshuler, Jeffrey K. Merk and Russell J. Sanders Nov 19, 2019 On November 12, 2019, staff of the securities regulatory authorities in Ontario, British Columbia, Quebec, New Brunswick, Saskatchewan, Manitoba and Nova Scotia issued CSA Multilateral Staff Notice 51-35...
Publications
SCC Refuses Leave to Appeal Receiver’s Priority Over Property Tax Claims By Sam Babe Oct 30, 2019 On October 10, 2019, leave to appeal the decision of the Alberta Court of Appeal in Edmonton (City) v. Alvarez & Marsal Canada Inc. was refused by the Supreme Court of Canada. No reasons were given.
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