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Publications Article
Bill 148 Update: Getting Ready for “On-Call” Changes to the Employment Standards Act By Fiona Brown and Michael F. Horvat Sep 19, 2018 Since the passage of Bill 148, (Fair Workplaces, Better Jobs Act, 2017), which made significant changes to the Employment Standards Act, 2000 (the “ESA”), employers have been trying to keep track of the new obligations under the legislation and how they will impact their ability to manage business.
Publications Article
Sunny Day for Lenders: ClearFlow Energy Appeal Successful By Alyssa Gebert and Jonathan Yantzi Sep 12, 2018 Lenders can breathe a sigh of relief: the use of formulas to express annual interest rates can satisfy Section 4 of the Interest Act (Canada). The Court of Appeal for Ontario, in reasons written by Justice Sharpe, allowed an appeal of a surprising decision by the Superior Court of Justice, which ...
Publications Article
Cannabis Promotion: Seller Beware By Jeremy D. Burke and Ken Clark Sep 05, 2018 The federal Cannabis Act and its regulations are scheduled to come into force on October 17, 2018. The Act imposes strict restrictions on promotional and advertising activities relating to cannabis in pursuit of a key policy goal of the government: to avoid exposure of young people to cannabis.
Publications Article
The Future Is Green, but Cloudy By Fiona Brown Aug 21, 2018 Canada is the first G7 economy to fully legalize recreational cannabis. The legalization of recreational cannabis on October 17, 2018 will result in significant societal changes. This article highlights some of the social issues on the horizon, and provides some commentary on how they might be re...
Publications Article
Ontario Government Confirms Private Retail Model By Fiona Brown and Gobind Ahuja Aug 14, 2018 Yesterday evening, and less than three months before Canada legalizes the recreational use of cannabis, the Ontario provincial government confirmed that the province would reverse the previous government’s plan and allow private retailers to sell cannabis in retail locations. Confirmation that On...
Publications Article
Acquiring Cannabis Genetics Under the New Cannabis Regime By Fiona Brown, Jeremy D. Burke, Erica L. Lowthers, PhD and Gaurav Gopinath Aug 07, 2018 Licensed cannabis producers currently don’t have the genetic variety that is available to suppliers in the illicit market. As of August 7, there are 114 licensed producers in Canada and only 289 dried cannabis products are being sold in the Canadian medicinal market. Health Canada's current rules...
Publications Article
Regulatory Changes to the Mortgage Brokerages, Lenders and Administrators Act, 2006: Increased Brokerage Obligations for Non-Qualified Syndicated Mortgage Transactions By Steven L. Graff, Jeremy Nemers and Andy Nguyen Aug 01, 2018 Regulatory amendments that became effective on July 1, 2018 significantly expand the disclosure and information-gathering obligations – and, in practice, potential liability – of mortgage brokerages dealing in non-qualified syndicated mortgage transactions.
Publications Article
Cannabis Regulations Published – Licensing Basics By Jeremy D. Burke and Gaurav Gopinath Jul 12, 2018 Regulations supporting the implementation of the Cannabis Act were published on July 11th. The regulations include the Cannabis Regulations and the Industrial Hemp Regulations and they will come into force, together with the Cannabis Act, on October 17th. This article focuses on federal licenses ...
Publications Article
Legalizing Marijuana and Occupational Health & Safety By David S. Reiter Jun 22, 2018 Earlier this week, the Senate passed Bill C-45, making the use of recreational marijuana a reality as of October 17, 2018. Employers, especially those engaging in operations with health and safety concerns, are legitimately concerned. Is an overhaul of their practices and policies required given ...
Publications Article
ESA Update: Ontario Set to Return to Its Former Public Holiday Pay Calculation By Fiona Brown, Michael F. Horvat and Nicholas Smith May 15, 2018 On May 7, 2018, the Ontario government introduced Ontario Regulation 375/18, signalling the end of the holiday pay calculation recently brought in by Bill 148. As of July 1, 2018, the public holiday pay calculation provided for in the Employment Standards Act, 2000 will revert back to the old for...
Publications Article
Collective Agreement Benefits vs. Paid Emergency Leave – First Look After Bill 148 By Fiona Brown, Michael F. Horvat and Nicholas Smith May 15, 2018 Bill 148 introduced, for the first time in Ontario, a requirement that all employers provide paid leave for the first two days of Personal Emergency Leave taken by an employee in a calendar year. Labour arbitrators are frequently tasked with examining the interplay between the benefits provided u...
Publications Article
Bill 53 Proposes Minimum Pay Rates for Workers Under Government Contracts By Fiona Brown and Nicholas Smith May 14, 2018 In mid-April, the Ontario government introduced Bill 53, the Government Contract Wages Act, 2018 (the “Bill”). The Bill, if passed, will set out new wage rates for workers in certain sectors under contract with government entities.
Publications Article
New Ontario Rule Permits Payments to Charity Directors By Jeremy D. Burke Apr 17, 2018 On April 1, 2018, Ontario Regulation 112/18 came into effect amending O. Reg 4/01 (Approved Acts of Executors and Trustees) under the Charities Accounting Act. The Amendment modifies the existing Ontario common law rule that prohibits a charitable corporation from compensating a director (or any ...
Publications Article
Important Changes to the Municipal Elections Act, 1996 Apr 13, 2018 All across Ontario, municipal elections are just over six months away. On April 1, the most recent amendments that will impact the Municipal Elections Act, 1996 came into force. There are a lot of changes to the rules for this election, but this article discusses some of the most important ones t...
Publications Article
Recent Human Rights Tribunal Decision: Record Damage Award By Meghan A. Cowan Apr 10, 2018 The Human Rights Tribunal of Ontario (the “HRTO”) recently awarded one of its highest damage awards to date. In A.B. v. Joe Singer Shoes Limited, the HRTO awarded $200,000 (plus pre-judgment interest dating back to 2008) to a former retail worker who alleged that she was sexually...
Publications Article
Ontario Introduces Pay Transparency Act, 2018 By Diana F. Saturno Apr 10, 2018 The Government of Ontario has introduced legislation that seeks to establish disclosure of compensation of employees and prospective employees. Bill 203, the Pay Transparency Act, 2018, was introduced on March 6, 2018, with the goal of addressing the continuing wage gap between male and female wo...
Publications Article
What’s Next for the Ontario Energy Board? By David Stevens Apr 05, 2018 The Ontario Government has issued its 2017 Long-Term Energy Plan (2017 LTEP) setting out plans and priorities for the coming years. The Ontario Government has also created an expert “Modernization Panel” to review the OEB and report back by the end of 2018. The OEB itself has issued a “Strategic ...
Publications Article
Doing Business in Canada - March 2018 Mar 29, 2018 Aird & Berlis is pleased to present the March 2018 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
Increased Transit Funding Could Mean an Increased Need for Expropriations: What You Need to Know By David P. Neligan and Christopher J. Williams Mar 19, 2018 On March 14, 2018, the Federal and Provincial Ministers of Infrastructure announced a deal that will see $11.8 billion of federal money to support provincial infrastructure projects over the next ten years. Of that $11.8 billion, $8.34 billion will be earmarked for public transit ($4.89 billion o...
Publications Article
Changes to WSIB - Nothing New Under the Sun... By David S. Reiter Mar 19, 2018 A recent article in the Toronto Star proclaimed coming changes to Ontario’s WSIB regime as being almost a game changer in the way that the government will be approaching workplace injuries going forward. The headline read “New Law to make employers accountable for temp worker injuries” and the ar...
Publications Article
Recent “Interest” in Annual Rates By Alyssa Gebert and Jesse L. Waslowski Mar 01, 2018 In a recent and surprising decision, Solar Power Network Inc. v. ClearFlow Energy Finance Corp., the borrower, Solar Power Network Inc., successfully attacked loan agreement interest rate provisions on the basis that the provisions did not comply with Section 4 of the Interest Act (Canada). Despi...
Publications Article
Cybersecurity Disclosure Guidance for Public Companies By Steve J. Tenai Mar 01, 2018 On February 21, 2018, the United States Securities and Exchange Commission issued interpretive guidance on cybersecurity disclosure obligations for public companies subject to U.S. securities laws. The Guidance underscores that public companies should inform investors about material cybersecurity...
Publications Article
Highlights of the 2018 Federal Budget By Elisabeth V. Atsaidis, Neil Bass, Jack Bernstein, Rachel L. Blumenfeld, Stuart F. Bollefer, Carol J. Burns, Donald Carr, Ed Esposto, Angelo Gentile, Francesco Gucciardo, David Malach, Saam Nainifard, Andrew Nicholls, Marni Pernica, Elise M. Pulver, Robert Santia, Louise R. Summerhill, Barbara Worndl and Melanie A. Yach Feb 27, 2018 Canada’s Department of Finance (“Finance”) released Canada’s federal budget for 2018 (“Budget 2018”) on February 27, 2018 (“Budget Day”). Finance has made good on its promise made on October 18, 2017 to introduce proposals regarding the taxation of ...
Publications Article
The Powerful Protections of the Ontario Repair and Storage Liens Act By Timothy Jones and Jesse L. Waslowski Feb 15, 2018 An equipment finance company finances the purchase of a truck and registers a purchase-money security interest pursuant to the Personal Property Security Act (Ontario) to protect its interest. The truck breaks down and is taken in for repairs. While the truck is in the shop, the debtor defaults u...
Publications Article
Cryptocurrency Assets Under Insolvency and Personal Property Security Law By Timothy Jones and Dillon Collett Feb 15, 2018 Encrypted digital currencies (“cryptocurrencies”), particularly Bitcoin, have recently become the target of enormous international speculation and market scrutiny. Some expect cryptocurrency payments and other transactions tracked via distributed ledger technology (“DLT”, of which “blockchain” te...
Publications Article
Ontario Publishes Documentation Requirements for Exempt HVAC Door-to-Door Transactions By David Stevens Feb 12, 2018 Recently, we wrote about new provisions of the Ontario Consumer Protection Act that will prohibit a range of door-to door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” unenforceable for HVAC equipment and other items such ...
Publications Article
Third Strike for Ontario Construction Lien Act Deemed Trust in Bankruptcy By Sam Babe Feb 09, 2018 In a January 31, 2018 decision from the bench in the matter of Royal Bank of Canada v. A-1 Asphalt Maintenance Ltd. (Court File No. CV-14-10784-00CL) (“A-1 Asphalt”), Madam Justice Conway of the Ontario Superior Court of Justice (Commercial List) (the “Court”) held that the deemed trust provision...
Publications Article
When Can a CCAA Monitor Bring an Oppression Claim Against a Stakeholder? By Steven L. Graff, Mark van Zandvoort and Timothy Jones Feb 01, 2018 Until a court orders otherwise, a monitor appointed under the Companies’ Creditors Arrangement Act is a neutral party and may not take sides in favour of one stakeholder over another. When can a monitor depart from this neutral role and launch litigation that favours certain creditors to the detr...
Publications Article
Ontario Ban on Door-to-Door Agreements for HVAC Products Comes Into Effect on March 1, 2018 By David Stevens Jan 24, 2018 New provisions of the Ontario Consumer Protection Act will prohibit a range of door-to-door consumer transactions. The new rules, which come into effect on March 1, 2018, will make unsolicited “direct agreements” for HVAC equipment and other household appliances unenforceable. Newly-released amen...
Publications Article
Canadian Securities Administrators to Consider Disclosure-Based Regulatory Approach after U.S. Rescinds the “Cole Memorandum” By Richard M. Kimel, Daniel Everall and Tyler Brent Jan 16, 2018 On January 12, 2018, the Canadian Securities Administrators (the “CSA”) announced that they were considering their disclosure-based regulatory approach for issuers with U.S. marijuana-related activities.
Publications Article
Municipal Land Use Planning Regulations and Cannabis Production Facilities By Laura Dean and Josh Hilburt Jan 10, 2018 Individuals and corporations seeking to become licensed producers of cannabis are advised to pay close attention to municipal land use permissions when conducting due diligence in relation to the purchase of property for the purpose of setting up their production facility.
Publications Newsletter
Machine Guarding and Electrical Hazards: Ministry of Labour Kicks off 2018 with Industrial Sector Inspection Blitz By David S. Reiter Jan 03, 2018 Each year, the Ministry of Labour (MOL) schedules inspection blitzes in specific sectors as part of its overall Occupational Health and Safety Act (OHSA) enforcement strategy. Although the focus of the blitzes is announced ahead of time, individual workplaces are not identified in advance.
Publications Article
Province Releases Summary of Inclusionary Zoning Regulations By Laura Dean Dec 20, 2017 On December 18, the Province of Ontario released a long-awaited summary of its proposed inclusionary zoning regulations. These regulations would implement the provisions of the Promoting Affordable Housing Act, 2016 (Bill 7), which received Royal Assent on December 8, 2016.
Publications Article
Bill 177 Amends Occupational Health & Safety Act By David S. Reiter and Cynthia R. C. Sefton Dec 18, 2017 While there has been a steady increase in the enforcement of health and safety violations at workplaces by the Ministry of Labour (MOL) in recent years, the Occupational Health & Safety Act (OHSA) hasn’t always kept pace. That has now changed. Bill 177, the Stronger, Fairer Ontario Act (Budget M...
Publications Article
Bill 139 Receives Royal Assent By Patrick Harrington Dec 12, 2017 Today, Bill 139 received Royal Assent and came into force as the Building Better Communities and Conserving Watersheds Act, 2017. While the Act itself came into force today, the Schedules to the Act (which contain the legislative amendments) come into force on a day to be named by proclamation ...
Publications Article
Penalty Tax on Investment Income – What Will Be Grandfathered? By David Malach Dec 05, 2017 The Liberal Government intends to bring in a new penalty tax on investment income earned by private corporations to the extent the investment income in any year exceeds a $50,000 threshold. That tax could be 73% or higher. If they do proceed with the new penalty tax, which I hope they won’t, what...
Publications Article
Ontario Introduces Sweeping Changes to Workplace Laws with the Passing of Bill 148 By Fiona Brown and Nicholas Smith Dec 01, 2017 On November 22, 2017, Ontario’s Fair Workplaces, Better Jobs Act, 2017 (“Bill 148”) passed Third Reading. Bill 148 is anticipated to receive Royal Assent shortly and will substantially amend legislation applicable to employment and labour laws.
Publications Article
Ontario Government Passes Sweeping Changes to Employment Standards Legislation By Michael F. Horvat Nov 23, 2017 Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was passed by the Ontario legislature on Wednesday, November 22, 2017. The changes to the Employment Standards Act, 2000, passed yesterday will impact all Ontario businesses and how they manage: independent contractors; scheduling an...
Publications Article
Teva Canada, Cheque Fraud and Risk Allocation for Collecting Banks By Timothy Jones Nov 22, 2017 In Teva Canada Ltd v TD Canada Trust, 2017 SCC 51, the Supreme Court of Canada ruled in a fiercely-contested, 5-4 split decision, that a company victimized by employee cheque fraud can recover its $5.5-million loss from the banks that deposited the fraudulent cheques. This ruling signifies that ...
Publications Article
CRA’s Super-Priority Remains Operative Over Pre-Bankruptcy Payments to Secured Creditor By Alyssa Gebert and Sean Green Nov 22, 2017 Secured creditors have taken note and expressed concern regarding a recent decision from the Federal Court of Appeal, which has upended conventional wisdom regarding the priority and treatment of GST/HST arrears in a bankruptcy. In Canada v. Callidus Capital Corp,1 the FCA found a secured credito...
Publications Article
Cannabis Excise Duties By Angelo Gentile Nov 17, 2017 On November 10, 2017, the Government of Canada announced its proposed excise duty framework (including detailed draft legislation) in respect of cannabis, which includes new excise duties and detailed licensing, stamping and reporting requirements for cannabis licensees.
Publications Article
Ontario Moves Closer to Marijuana Legalization By Fiona Brown and Margaret T. Nelligan Nov 17, 2017 On November 1, 2017, the Government of Ontario introduced Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017. If passed, Bill 174 will enact, amend and replace legislation applicable to the sale, distribution and use of cannabis in the province of Ontario.
Publications Article
Debt Financing for Cannabis Companies – A Market Update By Graham Topa and Timothy Jones Nov 17, 2017 In the April 6, 2017 edition of Collateral Matters, Aird & Berlis LLP’s banking law newsletter, our article entitled A “Green Rush” for Debt Financing? canvassed some legal and business issues specific to debt financing of Canada’s regulated cannabis industry. The “green rush” towards equity fina...
Publications Article
Supreme Court of Canada Allocates Cheque Fraud Risks to Banks Oct 31, 2017 The Supreme Court of Canada has released its decision in Teva Canada Ltd. v. TD Canada Trust, 2017 SCC 51 (“Teva”). In a 5-4 split, the Supreme Court ruled that a company victimized by employee cheque fraud can recover its $5.5-million loss from the banks that deposited the fraudulent cheques.
Publications Article
Bill 139: Third Reading and Royal Assent Expected November 2017 By Patrick Harrington and Meaghan Barrett Oct 30, 2017 Bill 139 (Building Better Communities and Conserving Watersheds Act, 2017) is expected to return to Queen’s Park for Third Reading and receive Royal Assent in November 2017. The Bill’s coming into force date has yet to be determined.
Publications Article
Accommodation Before Frustration – Addressing Long-Term Absence from the Workplace By Michael F. Horvat Oct 27, 2017 For businesses both big and small, reintegrating an employee who is recovering from an illness or injury (whether suffered at work or on their own time) can be a difficult balancing act. The employer must be flexible and patient with the recovering employee in order to determine the nature and ex...
Publications Article
Canadian Securities Exchange and OTC Markets Group Announce Strategic Alliance to Attract Foreign Issuers to North America By Sherri M. Altshuler and Tyler Brent Oct 26, 2017 The Canadian Securities Exchange (“CSE”) and OTC Markets Group recently announced a strategic alliance to offer a new program for issuers looking to go-public in Canada and have cost-effective access to North American investors. Both the CSE and OTC Markets Group hope to utilize the strategic all...
Publications Article
TSX, TSX-V and CSA Clarify Their Positions on Listed Entities with Ties to U.S. Marijuana Market By Richard M. Kimel, Daniel Everall and Tyler Brent Oct 26, 2017 On October 16, 2017, the Toronto Stock Exchange (“TSX”), the TSX Venture Exchange (together with the TSX, the “Exchanges”) and the Canadian Securities Administrators (the “CSA”) released separate guidance clarifying their positions on the regulation of entities with ties to the U.S. marijuana mar...
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