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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 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 ...
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 legislati...
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 ci...
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 ...
Publications
Changes 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...
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 i...
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 importa...
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 ...
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 propos...
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 ...
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 conse...
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 ac...
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 pri...
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 g...
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.
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