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Publications Article
Increases Are Coming to the Monetary Jurisdictions of the Small Claims Court and for Rule 76 Simplified Procedure Actions Effective January 1, 2020 By Mark van Zandvoort and Stephanie D’Amico Oct 28, 2019 A recent announcement by the Ontario Ministry of Attorney General has advised that, effective January 1, 2020, a party will be permitted to claim up to $35,000 in Ontario Small Claims Court proceedings, and up to $200,000 in Rule 76 Simplified Procedure proceedings in the Ontario Superior Court o...
Publications Article
What U.K. Employers Should Know About Canadian Termination, Dismissal Law By Fiona Brown and Michael F. Horvat Oct 24, 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 Article
Managing Terminations: Q&A By Daria (Dasha) Peregoudova Oct 24, 2019 Thank you to those who attended the Aird & Berlis Workplace Law webinar on September 26, covering the topic of Managing Terminations. We were thrilled to have over 3600 registrants participate. A number of important follow up questions were asked, which generally revealed some common areas of con...
Publications Article
CCAA Priming Charges May Supersede Statutory Deemed Trusts By Shakaira John, Ian Aversa and Gaurav Gopinath Oct 23, 2019 In Canada v. Canada North Group Inc., 2019 ABCA 314, the Court of Appeal of Alberta upheld the decision of the Court of Queen’s Bench of Alberta, which held that the Companies’ Creditors Arrangement Act permits courts to subordinate statutory deemed trusts in favour of the Crown to court-ordered ...
Publications Article
Doing Business in Canada - Fall 2019 Oct 18, 2019 Aird & Berlis is pleased to present the Fall 2019 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
A Mareva Injunction Refresher: Can a Strong Prima Facie Case of Fraud Alone Support an Inference of Asset Dissipation and/or Disposal Risk? By 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...
Publications Article
Compensation, Time Off Differences Between Canadian, U.K., Employment Law By Fiona Brown and Michael F. Horvat Oct 08, 2019 In this article, we discuss other elements of the employment agreement in Canada.
Publications Article
What U.K. Employers Should Know About Canadian Employment Law By 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? By 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 By 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.
Publications Article
Insolvency Legislation Reforms to Take Effect November 2019 By 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 By 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? By 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...
Publications Article
Welcome (Back) to the (New) Planning Act By 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...
Publications Article
What American Employers Should Know About Canadian Employment Law By 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? By 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 By 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.
Publications Article
Ontario Court of Appeal Provides Guidance on Vesting Orders in Receivership – and Beyond By 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 By 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 By 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 By 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? By 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?
Publications Article
Ontario Government Cannabis Retail Licence Lottery, Part Deux By 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” By 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...
Publications Article
A Smoother Ride for Lessors: Vicarious Liability Cap Extended to Include Ride-Hailing Services By Jill P. Fraser 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.
Publications Article
Report of the Special Senate Committee on the Charitable Sector By 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.
Publications Article
The Facts Control the Law By 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 By 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 By 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.”
Publications Article
Divisional Court Confirms Expropriation Claimants Not Immune to Interest and Costs Consequences By 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 By 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...
Publications Article
Bill 108: The Province Introduces Ministerial Oversight in Advance of School Board Expropriation Approvals By 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.
Publications Article
Health Canada Seeks to Improve Cannabis Licensing Process Efficiency By 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 By 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 By 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 By 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 By 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.
Publications Article
Bill 108: Summary of Key Amendments to Planning Act and Local Planning Appeal Tribunal Act By Meaghan Barrett May 06, 2019 On May 2, 2019, Bill 108, the More Homes, More Choices Act, 2019 received First Reading. Bill 108 proposes a number of amendments to the land use planning regime in Ontario.
Publications Article
Due Diligence – A Brief Refresher By Cynthia R. C. Sefton May 05, 2019 May 5th marks the start of what is now called Safety and Health Week, also known as North American Occupational Safety And Health Week. It is a good opportunity for employers, supervisors and workers to take time to assess whether their policies, procedures, training, monitoring and enforcement r...
Publications Article
Ford Government Launches Sweeping Planning Law Changes By Hon. Peter Van Loan May 03, 2019 The Ford government launched a sweeping package of changes to the land use planning system with the objective of stimulating the supply of housing. Increasing housing supply is seen as critical to increasing affordability and helping Ontario residents achieve their dreams of home ownership.
Publications Article
The Ontario Cannabis Control Act and Implications for Commercial Landlords Lessons Learned From a Prosecution Under the CCA By David S. Reiter and Brian Chung Apr 24, 2019 This article discusses the CCA and the broad enforcement powers it contains. It also discusses a range of other potential impacts that commercial landlords can face under the new regime, and it offers insight into some steps that landlords can take to protect themselves.
Publications Article
2019 Ontario Budget Hints at Continued Phased Approach for Cannabis Retail By Jeremy D. Burke and Gobind Ahuja Apr 23, 2019 The 2019 Ontario Budget provides a revealing glimpse into the Ontario government’s plans for the province’s cannabis retail sector. Although the Budget does not include the details of any phasing plan, the language in the document appears intended to signal that some type of phased approach shoul...
Publications Article
Ford Government Focuses on Fiscal Discipline, With a Moderate Approach Ontario Budget Sets Roadmap to Return to Balance In 2023 By Hon. Peter Van Loan Apr 12, 2019 Doug Ford may have declared Ontario “a place to grow,” but under his watch, one thing that won’t be growing are deficits. A range of restraint measures aim to ensure a balanced budget in four years.
Publications Article
Clarity in Appeal Procedures Part II: The BIA Prevails – or Does It? By Steven L. Graff, Miranda Spence and Kyle B. Plunkett Apr 10, 2019 In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act (the “BIA”)1 and the Courts of Justice Ac...
Publications Article
Stage Collapse Inquest Commences By Cynthia R. C. Sefton Apr 10, 2019 An inquest into the death of a worker at a stage collapse in June 2012 commenced on March 25, 2019, nearly seven years after the workplace death. The Prosecution In June 2012, just prior to the start of a concert in Toronto, the performance stage collapsed. A worker was killed and others were i...
Publications Article
Looking Backwards … to Get to the Future Spring 2019: Another New and Young Workers’ Blitz By David S. Reiter Apr 10, 2019 Spring is finally here, and businesses in the industrial sector have started to turn, or will soon be turning, their attention to their student hiring processes. For many students, the jobs they get this summer will be their first introduction to the workforce. As a result, they tend to make up ...
Publications Article
You Asked, We Answered: Managing Absenteeism in the Workplace By Michael F. Horvat Apr 10, 2019 We recently held our Managing Absenteeism in the Workplace webinar, where our legal experts discussed the challenges presented by absenteeism in the workplace and proactive steps you can take to build an effective absence policy. A few recurring themes arose in the questions our audience asked. ...
Publications Article
Elevating Devices and Safety, a Reminder to Learn From the Mistakes of Others By Cynthia R. C. Sefton Apr 08, 2019 Do you manufacture, own, operate or service elevators or escalators in Ontario? If so, you should be aware of (and be reminded of ) your legal obligations to prevent incidents. This article deals with cases, separated by over a decade, where people have been injured or died in connection with uns...
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