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Publications Article
Highlights of the 2019 Federal Budget Mar 19, 2019 On March 19, 2019 ("Budget Day"), the Department of Finance (Canada) tabled Canada's federal budget for 2019 ("Budget 2019"). The highlights include proposals (or intentions to proceed with proposals) to: Extend the foreign affiliate dumping rules so as to also apply to any corporation resid...
Publications Article
Workplace Accidents To Give Notice or Not to Give Notice – That’s Only One of the Questions… By David S. Reiter Mar 18, 2019 Nobody wants workplace accidents to happen. Businesses want their workers to go home at the end of the day and for their workplaces to stay safe. Unfortunately though, accidents do happen. And when they do, the Ontario Ministry of Labour shifts into a reactive mode by investigating, issuing Order...
Publications Article
Employers’ Dilemma – Did Misconduct at Work Feed the Addiction or Did the Addiction Blind the Employee to Her Actions? By Michael F. Horvat Mar 18, 2019 A recent arbitration case continues to exemplify the difficulty faced by employers who must manage safety-sensitive workplaces and apply strict workplace practices in circumstances where an employee’s addiction and disability is connected to serious misconduct. In Regional Municipality of Waterlo...
Publications Article
Pre-Incorporation Contracts and the Court of Appeal By Angela Swan Mar 13, 2019 The Ontario Court of Appeal continues to do surprising and alarming things with pre-incorporation contracts. In Benedetto v. 2453912 Ontario Inc., the Court of Appeal has held that, notwithstanding that the promoter sought to protect himself from personal liability under subsection 21(4) of the ...
Publications Article
The Latest Court of Appeal Decision on Jail and Occupational Health & Safety Act Offences Are jail sentences about to become more common, and what can businesses do about it? By David S. Reiter Feb 28, 2019 There have been thousands of Occupational Health and Safety Act convictions in Ontario, but less than two dozen jail sentences. Historically, jail has been reserved for repeat offenders who do not show remorse, and experience indicates that courts have looked to that practice as a sentencing prin...
Publications Article
When You Become Dependent on Independent Contractors: The Risk to Employers By Michael F. Horvat Feb 28, 2019 A recent decision of the Ontario Superior Court is a reminder to all employers of the liability associated with engaging individuals as contractors in circumstances where the practical, day-to-day nature of the economic relationship is that of an employee. This can become particularly tricky to m...
Publications Article
Court Confirms Multiple Wills As Valid Probate Planning Device By Ed Esposto Jan 25, 2019 For months now, estate planning lawyers in Ontario have been dealing with the uncertainty caused by the decision of the Ontario Superior Court of Justice in Re Milne Estate. To the great relief of many lawyers, yesterday a panel of three judges of the Divisional Court of the Ontario Superior Cour...
Publications Article
You Asked, We Answered: Top Workplace Law Issues By Michael F. Horvat Jan 24, 2019 We recently held our Top Workplace Law Issues of 2018 webinar, where we took a look back and are preparing for the year ahead. A few recurring themes arose in the questions our audience asked. Here we answer some of your most frequently-asked questions.
Publications Article
When Compliance Isn’t Enough: Ensuring Compliance Through Alternative Methods Under the OHSA By David S. Reiter Jan 24, 2019 An interesting case from the Court of Appeal makes it clear that simply complying with OHSA regulations isn’t always enough. The regulations don’t provide prescriptive certainty, and employers must meet the higher standard of taking all reasonable precautions to protect their workers.
Publications Article
Clarity in Appeal Procedures: The BIA Prevails By Steven L. Graff, Miranda Spence, Kyle B. Plunkett and Monica Carinci Jan 23, 2019 A recent decision of Justice Watt of the Ontario Court of Appeal definitively answers the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act and the Courts of Justice Act.
Publications Article
Province Releases Proposals to Change Growth Plan for Greater Golden Horseshoe Changes Aim to Increase Housing Supply and Stimulate Economic Growth By Hon. Peter Van Loan Jan 18, 2019 On January 15, 2019, the Minister of Municipal Affairs posted proposed changes to the Provincial Growth Plan for the Greater Golden Horseshoe on the Environmental Bill of Rights Registry. The province is now receiving comments on the proposed changes for 45 days.
Publications Article
Ontario Cannabis Retail: Just Painful By Jeremy D. Burke and Gobind Ahuja Dec 19, 2018 On December 13, 2018, the Government of Ontario announced that it is taking a phased approach to the licensing of brick-and-mortar retail cannabis stores. Citing cannabis product supply shortages, Ontario will now initially limit the number of retail licences to 25. Such limited number of stores ...
Publications Article
Government of Ontario Announces Proposed Changes to the Planning Act By Patricia A. Foran, Tom Halinski and Matthew Helfand Dec 07, 2018 On December 6, 2018, the Government of Ontario announced that Bill 66, Restoring Ontario’s Competitiveness Act, 2018, had undergone first reading by the Legislature. If it becomes law, Bill 66 will introduce sweeping amendments to a wide variety of statutes.
Publications Article
Ford Government Launches First Salvo in War on Red Tape By Hon. Peter Van Loan Dec 07, 2018 Premier Ford launched his first advance on this deregulatory agenda on December 6, 2018, with the introduction of a bill entitled “An Act to Restore Ontario’s Competitiveness by Amending and Repealing Certain Regulations.” This red tape reduction legislation aims to eliminate barriers to job crea...
Publications Article
Additional Changes to Ontario Employment Standards – Hours of Work and Overtime Averaging By Michael F. Horvat Dec 07, 2018 The Ontario government introduced omnibus legislation on December 6, 2018, that, when passed, will amend multiple statutes which the Minister of Economic Development, Job Creation and Trade stated were designed to “reduce red tape and regulatory burden” as part of the Provincial government’s Open...
Publications Article
Don’t Leave Workplace Safety out in the Cold Three Steps That Every Employer Should Be Taking to Protect Their Workers This Winter By David S. Reiter Dec 07, 2018 Winter weather is once again upon us. With it comes the joy of the season, but also an increased risk to worker safety. That increased risk imposes special obligations on employers under the Occupational Health & Safety Act (OHSA). Some of the obligations are addressed in the OHSA’s Regulations....
Publications Article
What Happens at the Office Holiday Party Doesn’t Necessarily Stay at the Party By Michael F. Horvat Dec 06, 2018 It’s that time of year again when companies across the country celebrate the holiday season, spread good cheer, reflect on the long (and hopefully successful) year past and toast the new year ahead. However, just because the party has begun, it does not mean that an employer’s obligation to its e...
Publications Article
AGCO’s Registrar’s Standards Published By Jeremy D. Burke Dec 05, 2018 The Alcohol and Gaming Commission of Ontario today released their Registrar's Standards for the Private Retail Sale of Cannabis in Ontario. The AGCO Standards reflect the provincial regulator’s preference for outcome or objective-based standards, rather than highly-prescriptive rules.
Publications Article
AGCO Application Considerations for Cannabis Retailers By Jeremy D. Burke Nov 29, 2018 As many readers will know, the Alcohol and Gaming Commission of Ontario is responsible for cannabis retail store licensing in Ontario. Applicants seeking to open a retail store will need a Retail Operator Licence, a Retail Store Authorization and a Cannabis Retail Store Manager Licence. The AGCO ...
Publications Article
A Reminder About Director and Officer Liability Under the OHSA By David S. Reiter Nov 29, 2018 In Ontario, directors and officers are rarely convicted for workplace safety offences. In fact, such convictions represent less than three per cent of all the workplace safety convictions that have been posted on the Ministry of Labour’s Court Bulletin website over the past two years. However, a...
Publications Article
An Update on Multiple Wills By Elisabeth V. Atsaidis, Jack Bernstein, Rachel L. Blumenfeld, Stuart F. Bollefer, Donald Carr, Ed Esposto, David Malach, Andrea McEwan, Marni Pernica, Elise M. Pulver and Melanie A. Yach Nov 21, 2018 Estate practitioners are now faced with two competing decisions at the same level of Court which are arguably conflicting when it comes to the use of multiple wills to reduce Probate Tax. While Re Panda Estate does not overrule Re Milne Estate, estate practitioners across the province have welcom...
Publications Article
Ontario’s Cannabis Regulations: Rushed to Release By Jeremy D. Burke Nov 16, 2018 The Ontario government has released General Regulation 468/18 (the Regulation) under the Cannabis Licence Act, 2018 (the Licence Act) and has announced that the Alcohol and Gaming Commission of Ontario (the AGCO) will begin accepting retail store applications (online only) on December 17, 2018.
Publications Article
Cameco Corporation v. The Queen: A Lesson in Sham and Canadian Transfer Pricing Adjustments By Jack Bernstein, Edward Miller and Tyler Brent Nov 13, 2018 On September 26, 2018, the Tax Court of Canada released its decision in Cameco Corporation v. The Queen. The case addressed the transfer pricing provisions contained in subsection 247(2) of the Income Tax Act (Canada) (the “Act”) and whether the transactions in question were a sham. In a win for ...
Publications Article
A Problem Crying out for an Early Resolution By Donald Carr Nov 13, 2018 The current wholesale upset of Ontario’s estates and trusts legal community over the decision in Re Milne is not only disturbing, but causes reflection on the origin of multiple wills in this province, as well as earnest hope for an early resolution of a huge problem.
Publications Article
Supreme Court of Canada Allows Appeal in Canada v. Callidus Capital Corporation By Steven L. Graff and Alyssa Gebert Nov 08, 2018 Secured creditors can breathe a sigh of relief. We have received word that the Supreme Court of Canada has allowed the appeal from the bench in Canada v. Callidus Capital Corporation.
Publications Article
Canada’s New Industrial Design Act and Industrial Design Regulations Come into Force on November 5, 2018 By Lola A. Bartoszewicz, PhD, Erica L. Lowthers, PhD, Kimberly A. McManus, PhD, Tony Sabeta, B.Eng. and Kitt Sinden, M.Sc. Nov 02, 2018 On November 5, 2018, Canada’s new Industrial Design Act and Industrial Design Regulations come into force. This article outlines some key changes to the Act and Regulations.
Publications Article
Bill 148 – Barely Here and Now Gone By Michael F. Horvat Oct 24, 2018 Confirming their stated election platform, the new Ontario Conservative government tabled on October 23, 2018, Bill 47 – The Making Ontario Open for Business Act, 2018, which includes a major repeal of Bill 148 and its prior changes to the Employment Standards Act, 2000 and Labour Relations Act, ...
Publications Article
Cannabis Legalization in Canada is Here Answers to Your Most-Asked Cannabis in the Workplace Questions By Michael F. Horvat Oct 23, 2018 Cannabis is now a legal substance in Canada. Michael Horvat provides some answers to your most-asked questions about the use of Cannabis in the workplace.
Publications Article
R. c. Fournier: A Recent Lesson in Indifference to Workplace Safety, and in Jail Sentences By David S. Reiter Oct 23, 2018 On March 1, the Court of Quebec registered the first manslaughter conviction against an employer/supervisor in Canada for a workplace accident. A few weeks ago, the Court sentenced that employer/supervisor to an 18 month jail term. The jail term will be followed by two years of probation. The cas...
Publications Article
Over Before it Began – Online Petition Halts Expropriation of Family Farmland By Rebecca Hines and David P. Neligan Oct 10, 2018 A proposal by the Halton Catholic District School Board to expropriate farmland in the Town of Milton was nipped in the bud after it was met with significant public backlash.
Publications Article
Doing Business in Canada - September 2018 Oct 05, 2018 Aird & Berlis is pleased to present the September 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
Ontario Cannabis Retail Opportunities (and Limitations) By Jeremy D. Burke and Meredith McCann Oct 01, 2018 On September 27, the Ford government published the first draft of Ontario’s new recreational cannabis legislation. Introduced just three weeks before recreational cannabis will be legalized across the country, Bill 36 – the Cannabis Statute Amendment Act, 2018, would create a new statute, the Can...
Publications
DEA Reschedules CBD-Containing Epidiolex as a Schedule V Drug By Erica L. Lowthers, PhD Oct 01, 2018 In June, GW Pharma received U.S. FDA approval for EpidiolexTM, a CBD oil for the treatment of two severe, but rare forms of epilepsy. However, because CBD remained a Schedule I drug in the United States, it could not legally be prescribed to patients. The DEA recently rescheduled EpidiolexTM to t...
Publications Article
Restrictions on Cannabis Consumption in the Workplace By Fiona Brown and Sean Green Sep 28, 2018 The federal Cannabis Act, the federal Cannabis Regulations and Ontario’s Cannabis Act, 2017 restrict the consumption of both recreational and medicinal cannabis in a workplace. Employers should consider these restrictions when crafting or updating existing impairment policies.
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 and Erica L. Lowthers, PhD 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 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...
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