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Publications Article
Check Your Numbers Twice: Receiver and Its Counsel Denied Their Inadvertently-Omitted Fees and Disbursements By Jeremy Nemers Nov 30, 2020 In what can only be described as a bitter pill to swallow for the professionals involved, the Ont... In what can only be described as a bitter pill to swallow for the professionals involved, the Ontario Superior Court of Justice in Duca Financial Services Credit Union Ltd. v. 2203284 Ontario Inc.​ has refused to approve the inadvertently-omitted fe...
Publications Article
Conservation Authorities Reimagined: Amendments to the Conservation Authorities Act Through Bill 229, Protect, Support and Recover from COVID-19 Act (Budget Measures), 2020 By John Pappas Nov 24, 2020 The provincial government proposes to revise the role and operations of Ontario’s conservation au... The provincial government proposes to revise the role and operations of Ontario’s conservation authorities. As part of Bill 229, the Protect, Support and Recover from COVID-19 Act (Budg...
Publications Article
Online Accessibility Requirements Approaching for Large Ontario Employers By Daria (Dasha) Peregoudova Nov 23, 2020 Employers in Ontario are required to make their workplaces accessible. As of January 1, 2021, acc... Employers in Ontario are required to make their workplaces accessible. As of January 1, 2021, accessibility standards will extend to the internet websites and web content controlled by “large organizations” with 50 or more employees.
Publications Article
New Obligation for Condominium Developers Coming Into Force on January 1, 2021 By Andrew Webster, Tammy A. Evans, Gobind Ahuja and Peter A. Dalglish Nov 19, 2020 Upcoming changes to the Condominium Act, 1998 will come into force on January 1, 2021 that will a... Upcoming changes to the Condominium Act, 1998 will come into force on January 1, 2021 that will add an additional document which must be delivered by developers to purchasers of condominium units.
Publications Article
A Cautionary Tale in Publishing Misleading Technical Reports By Adria Leung Lim and Emily Chittick Nov 18, 2020 In the wake of a resurgence of interest and activity in the Canadian mining sector, the importanc... In the wake of a resurgence of interest and activity in the Canadian mining sector, the importance of compliance by mining companies with National Instrument 43-101 - Standards of Disclosure for Mineral Projects (“NI 43-101”) cannot be overlooked.
Publications Article
The Use of Flow-Through Shares in the Canadian Mining Sector Amidst COVID-19 By Adria Leung Lim Nov 10, 2020 The use of flow-through shares is particular to the resource sector in Canada. Many companies in ... The use of flow-through shares is particular to the resource sector in Canada. Many companies in the mining sector issue FTSs to help finance their exploration and project development activities, while at the same time, providing certain tax benefits to investors.
Publications Article
The Province of Ontario, Yet Again, Proposes to Reduce Hearing of Necessity Rights in Expropriations and Related Rights By Ajay Gajaria and Matthew Helfand Oct 28, 2020 For the third time in 2020, the Province of Ontario has proposed legislation to further remove he... For the third time in 2020, the Province of Ontario has proposed legislation to further remove hearing of necessity and other rights for landowners faced with an expropriation related to certain transit projects.
Publications Article
ARE YOU LOOKING AFTER YOURSELF (APART FROM WEARING MASKS AND SOCIAL DISTANCING)? Oct 23, 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
Are Employees Entitled to Incentive Payments During the Notice Period? By Fiona Brown and Lorenzo Lisi Oct 19, 2020 The Supreme Court of Canada’s recent unanimous decision in the case of Matthews v. Ocean Nutritio... The Supreme Court of Canada’s recent unanimous decision in the case of Matthews v. Ocean Nutrition Canada Ltd. provided guidance with respect to employee entitlement to incentive payments during the period of notice at common law.
Publications Article
The Return of the SPAC By Russell J. Sanders Oct 16, 2020 This bulletin describes the anatomy of a special purpose acquisition company in a Canadian regula... This bulletin describes the anatomy of a special purpose acquisition company in a Canadian regulatory context.
Publications Article
A Wrap Up of Our Estate Planning Alerts Oct 14, 2020 In the final Alert of this series, we (a) address two specific possible pitfalls, (b) make a sugg... In the final Alert of this series, we (a) address two specific possible pitfalls, (b) make a suggestion and (c) re-emphasize some problems that may result if there is a failure to plan properly.
Publications Article
Ontario Proposes Changes to its Business Corporations Statute to Enhance Flexibility Removal of Director Residency Requirements and Reducing the Voting Threshold for Private Company Ordinary Written Resolutions By David Mba and Jeffrey K. Merk Oct 13, 2020 On October 6, the Ontario government introduced a bill to amend, among other things, the Business... On October 6, the Ontario government introduced a bill to amend, among other things, the Business Corporations Act (Ontario) in an effort to remove certain long-standing constraints and allow Ontario corporations to operate with additional flexibility.
Publications Article
What if You or Any of Your Beneficiaries Have U.S. “Connections”? Oct 07, 2020 It is essential to realize that if you, or a beneficiary of your estate, have U.S. “connections”,... It is essential to realize that if you, or a beneficiary of your estate, have U.S. “connections”, there could be exposure to U.S. Federal Estate Tax, with substantial negative consequences.
Publications Article
Provincial Government Introduces Mandatory COVID-19 Screening Requirement for Ontario Workplaces By Daria (Dasha) Peregoudova and Stacey Blydorp Sep 30, 2020 On September 26, amendments to Ontario Regulation 364-20, the “Rules for Areas in Stage 3,” came ... On September 26, amendments to Ontario Regulation 364-20, the “Rules for Areas in Stage 3,” came into effect, making it mandatory for all businesses and organizations in Ontario to screen workers and essential visitors for COVID-19 before entry to the premises.
Publications Article
When Should You Review/Amend Your Planning Documents? Sep 29, 2020 Having made your will(s) and power(s) of attorney, it is unwise to forget about your planning. Ci... Having made your will(s) and power(s) of attorney, it is unwise to forget about your planning. Circumstances naturally change for everyone. Having “out-of-date” planning documents can be as disastrous as having none at all. Keeping those documents “up-to-date” is as important as originally creati...
Publications Article
Community Benefits, Development Charges and Parkland Dedication: The New Framework By Rebecca Hines and Patrick Harrington Sep 25, 2020 After much consultation by the Province (and just as much speculation by industry folks), the fea... After much consultation by the Province (and just as much speculation by industry folks), the features of the new community benefits, development charges and parkland dedication legislative framework have been confirmed.
Publications Article
Litigation Strategy Should Be Integrated Into Development Strategy to Succeed in Both Arenas By Caroline O'Driscoll and Scott Stoll Sep 23, 2020 A recent decision from the Superior Court should caution developers to be mindful of the implicat... A recent decision from the Superior Court should caution developers to be mindful of the implications of their decisions and actions on their ability to successfully pursue an environmental claim.
Publications Article
What Happens if I Die Without a Valid Will? Sep 22, 2020 An individual is said to die "intestate" if there is no properly executed Will. When a person die... An individual is said to die "intestate" if there is no properly executed Will. When a person dies intestate a number of questions present themselves. Among them will be, who will administer my estate? How will my assets be distributed?
Publications Article
TSXV Extends Temporary Relief From Minimum Pricing Requirements By Russell J. Sanders Sep 22, 2020 On September 16, the TSX Venture Exchange announced an extension to the temporary relief granted ... On September 16, the TSX Venture Exchange announced an extension to the temporary relief granted to issuers from the minimum pricing requirements set out in the TSXV Corporate Finance Manual.
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
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
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 State 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 ...
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