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Publications Article
Canadian Scientific R&D Tax Incentives By Fiona Brown and Aaron Baer Sep 18, 2020 Canada’s Scientific Research and Experimental Development (SR&ED) program uses tax incentives to ... Canada’s Scientific Research and Experimental Development (SR&ED) program uses tax incentives to encourage businesses to perform research and development (R&D) in Canada.
Publications Article
What Will Happen if You Become Incapable of Managing Your Financial Affairs and You Do Not Have a Proper Power of Attorney for Property? Sep 15, 2020 We are sure that many of our readers will want to ensure their planning is up-to-date. For our re... We are sure that many of our readers will want to ensure their planning is up-to-date. For our readers who are advisors, it is important to ensure that your clients’ planning is also up-to-date. To that end, we have produ...
Publications Article
Ontario’s Infectious Disease Emergency Leave Extended to January 2, 2021 By Daria (Dasha) Peregoudova Sep 11, 2020 On September 3, the Government of Ontario announced that the temporary measures introduced by O. ... On September 3, the Government of Ontario announced that the temporary measures introduced by O. Reg. 228/20: Infectious Disease Emergency Leave under the ESA have been extended until January 2, 2021.
Publications Article
Is Your Business Growing? Make Sure You’re Compliant With Pay Equity Obligations By Fiona Brown, Aaron Baer and Matthew Patterson Sep 10, 2020 Employers with 10 or more employees in Ontario are required to preserve pay equity in accordance ... Employers with 10 or more employees in Ontario are required to preserve pay equity in accordance with the Ontario Pay Equity Act, RSO 1990, c P7 (“PEA”). When many American or international companies first expand into Canada, their operations are small enough that the PEA ofte...
Publications Article
What the Choueifaty Decision Means for Software Patents in Canada By Tony Sabeta, B.Eng. Sep 09, 2020 On August 21, in Choueifaty v. Canada (Attorney General), 2020 FC 837, the Federal Court held tha... On August 21, in Choueifaty v. Canada (Attorney General), 2020 FC 837, the Federal Court held that the Canadian Intellectual Property Office erred in determining the essential elements of the claimed invention by using the “problem-solution” approach.
Publications Article
ARE YOU LOOKING AFTER YOURSELF (APART FROM WEARING MASKS AND SOCIAL DISTANCING)? Sep 08, 2020 We are sure that many of our readers will want to ensure their planning is up-to-date. For our re... We are sure that many of our readers will want to ensure their planning is up-to-date. For our readers who are advisors, it is important to ensure that your clients’ planning is also up-to-date. To that end, we have produced a weekly series of Alerts which will provide basic i...
Publications Article
AGCO Increases Rate of Cannabis Retail Store Authorizations By Jeremy D. Burke Sep 02, 2020 The AGCO has announced that the current maximum of 20 RSAs per month will be doubled to a maximum... The AGCO has announced that the current maximum of 20 RSAs per month will be doubled to a maximum of 40 per month commencing this fall.
Publications Article
A Primer on Disclosure Standards and Requirements in the Canadian Mining Sector By Adria Leung Lim and David Mba Sep 02, 2020 This article is a primer on the NI 43-101 disclosure standards and the core elements that should ... This article is a primer on the NI 43-101 disclosure standards and the core elements that should be part of any Canadian public company’s mining project disclosure.
Publications Article
Cannabis Security Clearances in Canada – Current Issues and Practical Implications for Industry Participants By Melanie Cole and Benjamin Mayer-Goodman Sep 01, 2020 In this article, we will outline the security clearance requirements and process at a high level,... In this article, we will outline the security clearance requirements and process at a high level, discuss some recent court challenges, and provide market participants with some practical guidance to assist them in navigating this process.
Publications
Lowering the BAR by Raising the BAR By Danny Kharazmi Aug 31, 2020 On August 20, the Canadian Securities Administrators published amendments to the business acquisi... On August 20, the Canadian Securities Administrators published amendments to the business acquisition report requirements for reporting issuers that are not venture issuers.
Publications Article
Estoppel by Convention: The Ontario Court of Appeal’s Latest Take on a Relatively Rare Form of Estoppel and the Implications for Contracting Parties By Mark van Zandvoort, Dillon Collett and Simon Dugas Aug 31, 2020 The Ontario Court of Appeal’s August 7 decision in Grasshopper Solar Corporation v. Independent E... The Ontario Court of Appeal’s August 7 decision in Grasshopper Solar Corporation v. Independent Electricity System Operator serves as a cautionary reminder that the certainty of contractual terms will not be l...
Publications Article
Guide to Incorporating in Canada By Fiona Brown, Aaron Baer and Matthew Patterson Aug 19, 2020 We regularly advise clients incorporating in Canada. This guide outlines considerations that orga... We regularly advise clients incorporating in Canada. This guide outlines considerations that organizations should be aware of when deciding what jurisdiction to incorporate in, as well as key tax and employment aspects of setting up a business.
Publications Article
Key Differences in Employment Law between Canada and the United States By Fiona Brown, Aaron Baer and Matthew Patterson Aug 19, 2020 We regularly advise American clients expanding their businesses to Canada. In this document, we o... We regularly advise American clients expanding their businesses to Canada. In this document, we outline key differences between employment law in Canada and the United States and discuss some of the most common considerations for businesses with employees in one or both countries.
Publications Article
Court of Appeal Upholds Termination Clause in RESOP Contract – Contract Terminated Automatically on Bankruptcy Does Not Violate Stay Provisions Under the Bankruptcy and Insolvency Act By Maria Gonzalez Aug 18, 2020 On July 2, the Court of Appeal for Ontario released its decision in Hutchingame Growth Capital Co... On July 2, the Court of Appeal for Ontario released its decision in Hutchingame Growth Capital Corporation v. Independent Electricity System Operator. The Court held that a c...
Publications Article
Ministry of Transportation’s GTA West Corridor Project Likely to Raise Expropriation Issues By Ajay Gajaria and Matthew Helfand Aug 17, 2020 In a news release dated August 7, the Ontario Ministry of Transportation has confirmed the prefer... In a news release dated August 7, the Ontario Ministry of Transportation has confirmed the preferred route for a new 400-series highway and transportation corridor, the GTA West Corridor project.
Publications Article
The Last Word on Shergar? The Ontario Court of Appeal Upholds the Relevance of Subsequent Settlement Offers in Expropriations By Ajay Gajaria, David P. Neligan and Matthew Helfand Aug 10, 2020 On August 4, the Ontario Court of Appeal upheld and affirmed the Ontario Divisional Court decisio... On August 4, the Ontario Court of Appeal upheld and affirmed the Ontario Divisional Court decision in Shergar Development Inc. v. City of Windsor. The Court of Appeal decision has significant implications on the law governing cost ...
Publications Article
The End of the Statement of Emergency in Ontario: Primary Implications for Employers By Daria (Dasha) Peregoudova Jul 31, 2020 On July 24, 2020, Bill 195, Re-opening Ontario (A Flexible Response to COVID-19) Act, 2020 ("Bill... On July 24, 2020, Bill 195, Re-opening Ontario (A Flexible Response to COVID-19) Act, 2020 ("Bill 195") came into force and has officially brought an end to the declared State of Emergency in Ontario.
Publications Article
Extension of Tax Reassessment Periods and Appeal Deadlines By Louise R. Summerhill, Josh Kumar and Jesse L. Waslowski Jul 30, 2020 On July 27, 2020, as part of Canada’s continued response to the COVID-19 pandemic, Bill C‑20 rece... On July 27, 2020, as part of Canada’s continued response to the COVID-19 pandemic, Bill C‑20 received Royal Assent and came into effect, enacting the Time Limits and Other Periods Act (COVID‑19) (the “Time Limits Act”).
Publications Article
The End of Waiver of Tort By Steve J. Tenai and Karlie Nordstrom Jul 29, 2020 A commonly pleaded cause of action in many class actions is “waiver of tort”. Not anymore. The lo... A commonly pleaded cause of action in many class actions is “waiver of tort”. Not anymore. The longstanding debate as to whether waiver of tort is an alternative form of remedy or an independent cause of action has been settled by the Supreme Court of Canada in Atlantic Lottery Corp. Inc. v. Babs...
Publications Article
Province Introduces Consequential Amendments to the Residential Tenancies Act, 2006 and Other Statutes with the Protecting Tenants and Strengthening Community Housing Act, 2020 By Matthew Helfand Jul 29, 2020 Bill 184, the Protecting Tenants and Strengthening Community Housing Act, 2020, was passed into l... Bill 184, the Protecting Tenants and Strengthening Community Housing Act, 2020, was passed into law on July 21, 2020. Bill 184 predominantly introduces changes to the Residential Te...
Publications Article
Shareholder Claims for a Diminution of Share Value: The Ontario Court of Appeal Revisits the Limits of the Rule in Foss v. Harbottle By Mark van Zandvoort and Matthew Patterson Jul 24, 2020 In the July 6, 2020 decision of Tran v. Bloorston Farms Ltd, 2020 ONCA 440, the Ontario Court of ... In the July 6, 2020 decision of Tran v. Bloorston Farms Ltd, 2020 ONCA 440, the Ontario Court of Appeal revisited the limits of the rule in Foss v. Harbottle, and the circumstances in which a shareholder may sue to recover th...
Publications Article
Province Restricts New Cannabis Retail Store Openings to Five Per Week By Jeremy D. Burke Jul 20, 2020 At the direction of the Ontario government, the Alcohol and Gaming Commission of Ontario is limit... At the direction of the Ontario government, the Alcohol and Gaming Commission of Ontario is limiting, to five, the number of cannabis retail stores that are permitted to open in Ontario in any single week.
Publications Article
The Canadian Intellectual Property Office’s COVID-19 Response By Erica L. Lowthers, PhD Jul 17, 2020 Like many other jurisdictions, the Canadian Intellectual Property Office (CIPO) has implemented e... Like many other jurisdictions, the Canadian Intellectual Property Office (CIPO) has implemented extensions of time for certain deadlines relating to patents, industrial designs and trademarks due to COVID-19.
Publications Article
Ontario Further Reduces Hearings of Necessity for Expropriations By Ajay Gajaria and Matthew Patterson Jul 17, 2020 Among the many changes introduced by the provincial government in Bill 197, COVID-19 Economic Rec... Among the many changes introduced by the provincial government in Bill 197, COVID-19 Economic Recovery Act, 2020, are significant reforms to the expropriations process for a large subset of future takings of property rights in Ontario in support of infrastructure projects.
Publications Article
Three Legislative Changes Impacting Class Actions By Steve J. Tenai and Aidan Katz Jul 17, 2020 In early July 2020, the Ontario Legislature passed the Smarter and Stronger Justice Act, 2019 (Bi... In early July 2020, the Ontario Legislature passed the Smarter and Stronger Justice Act, 2019 (Bill 161), which includes several changes to Ontario’s Class Proceedings Act, 1992.
Publications Article
Growth vs. Fixed Mindset – How Lawyers Can Better Embrace the Changes Resulting From COVID-19 By Aaron Baer Jul 16, 2020 COVID-19 has resulted in lawyers losing their autonomy – and this has led to great progress. Nece... COVID-19 has resulted in lawyers losing their autonomy – and this has led to great progress. Necessity has truly proven itself to be the mother of invention. Courts are hearing cases remotely, deals are being closed virtually and paper-based processes have been m...
Publications Article
Global Mobility in the Wake of U.S. Order to Ban the Entry of Foreign Workers to the United States By Aaron Baer and Fiona Brown Jul 16, 2020 In late June, the U.S. government enacted an order that prohibits the entry of certain foreign wo... In late June, the U.S. government enacted an order that prohibits the entry of certain foreign workers to the United States. As a result, U.S.-based and foreign companies with U.S. operations are struggling to accommodate and adapt their global mobility strat...
Publications Article
Ontario Proposes Amendments to a Number of Statutes Affecting Municipalities and the Development Industry By Laura Dean Jul 13, 2020 Bill 197, the COVID-19 Economic Recovery Act, 2020, was introduced by the provincial government o... Bill 197, the COVID-19 Economic Recovery Act, 2020, was introduced by the provincial government on July 8, 2020. As stated by the Minister of Municipal Affairs and Housing, “the first priority of the [Act] is to restart jobs and development.”
Publications Article
Electronic Meetings and Proxy Voting – The Proposed “New Normal” for Municipal Meetings By Rebecca Hines and John Mascarin Jul 13, 2020 On July 8, 2020, the Minister of Municipal Affairs and Housing introduced Bill 197, an omnibus pi... On July 8, 2020, the Minister of Municipal Affairs and Housing introduced Bill 197, an omnibus piece of legislation that, if adopted, would allow local governmental bodies to continue to hold meetings in an electronic or remote manner. Bill 197 would also make changes ...
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 and Sam Babe 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 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.
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