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Publications Article
Five Key Appellate Decisions of 2021 By Steve J. Tenai and Simon Dugas Jan 11, 2022 We have highlighted five appellate decisions from 2021 that we believe will have a lasting impact... We have highlighted five appellate decisions from 2021 that we believe will have a lasting impact on commercial disputes.
Publications Article
Disclosure of Non-GAAP Financial Measures: A Practical Guide to National Instrument 52-112 By Melanie Cole, Sean Green and Al Turnbull Jan 04, 2022 Public companies in Canada continue to utilize non-GAAP financial measures in their public disclo... Public companies in Canada continue to utilize non-GAAP financial measures in their public disclosure documents as part of their financial communications strategy.
Publications Article
Workplace Law Year in Review (and Looking Ahead to 2022) By Daria (Dasha) Peregoudova and Jessica Schissler Dec 31, 2021 2021 was a dizzying year for employers. The ever-changing nature of the pandemic required workpla... 2021 was a dizzying year for employers. The ever-changing nature of the pandemic required workplaces to continuously adapt to various government-imposed rules and regulations. In light of the surge of the Omicron variant, it remains to be seen what the next few months will look like. Regardless o...
Publications Article
New Tier, New Horizons for the Canadian Securities Exchange The CSE Proposes a New Senior Tier for Larger Issuers and a New CSE SPAC Program By Russell J. Sanders, Jeffrey K. Merk and Brodie Kirsh Dec 17, 2021 In order to continue to evolve with developments in the Canadian capital markets, particularly wi... In order to continue to evolve with developments in the Canadian capital markets, particularly with many more established companies choosing the CSE as their preferred Canadian stock exchange, the CSE has initiated a proposal to create a new senior tier for larger and more advanced issuers which ...
Publications Article
Treat Other Counsel How You Wish to Be Treated: The Rules Versus the Golden Rule By Josh Suttner and Simon Dugas Nov 30, 2021 When a plaintiff serves a statement of claim, the Rules of Civil Procedure (the “Rules”) require ... When a plaintiff serves a statement of claim, the Rules of Civil Procedure (the “Rules”) require that a defendant must serve a statement of defence within a prescribed time (usually 20 days), failing which the plaintiff can note the defendant in default and obtain default jud...
Publications Article
Rethinking Diversity in Canada’s Capital Markets: Beyond Gender By Melanie Cole, Amy Marcen-Gaudaur, Meredith McCann and Angela Oh Nov 29, 2021 Almost seven years following the adoption of the gender focused corporate governance disclosure r... Almost seven years following the adoption of the gender focused corporate governance disclosure rules set out in National Instrument 58-101 Disclosure of Corporate Governance Practices, recent data published by the Canadian Securities Administrators in Multilateral Staff Notice 58-313 Review o...
Publications Article
Modernizing Ontario’s Capital Markets: Capital Markets Act (Ontario) By Melanie Cole, Meredith McCann and Portia Biswas Nov 29, 2021 On October 12, 2021, the Government of Ontario published the draft Capital Markets Act, which is ... On October 12, 2021, the Government of Ontario published the draft Capital Markets Act, which is designed to streamline and modernize the regulatory framework of the province’s capital markets. If approved, the CMA will replace both the Securities Act (Ontario) and the Commodity Futures A...
Publications Article
Excess Claims Fees to Be Introduced Into Canada’s Patent Regime By Tony Sabeta, B.Eng. Nov 25, 2021 The Canadian patent regime has always been unique and flexible. However, many of these unique asp... The Canadian patent regime has always been unique and flexible. However, many of these unique aspects are disappearing in order to bring Canada’s patent regime into procedural harmony with the practice in other jurisdictions.
Publications Article
Emerging Case Law Regarding the Enforcement of Vaccination Policies By Alex Kagan and Jessica Schissler Nov 23, 2021 In this article, we summarize several recent decisions which provide guidance regarding how court... In this article, we summarize several recent decisions which provide guidance regarding how courts and arbitrators will assess the complex issue of workplace vaccination policies.
Publications Article
City of Toronto Introduces Inclusionary Zoning Framework By Eileen P. K. Costello, Sidonia J. Tomasella, Maggie Bassani, Meaghan Barrett and John Pappas Nov 10, 2021 The City of Toronto approved its new inclusionary zoning framework on November 9, 2021. Council a... The City of Toronto approved its new inclusionary zoning framework on November 9, 2021. Council adopted the official plan amendment and passed the zoning by-law amendment that will permit the City to require a percentage of all new development within delineated Protected Major Transit Station Are...
Publications Article
Will 100-Year Old Debentures Derail the Canadian Pacific Acquisition of Kansas City Southern? By John D. Andrew Nov 09, 2021 Canadian Pacific’s pending acquisition of Kansas City Southern again raises the last remaining hi... Canadian Pacific’s pending acquisition of Kansas City Southern again raises the last remaining historic anomaly and unresolved issue in CP’s capital structure which negatively impacts or constrains CP’s financing and corporate actions and could become an impedime...
Publications Article
Keeping Up With the Changes: A Guide to Recent Legislation By Lorenzo Lisi, Alex Kagan and Jessica Schissler Oct 28, 2021 There has been a dizzying pace to the introduction of recent legislation. As provincial and feder... There has been a dizzying pace to the introduction of recent legislation. As provincial and federal legislators introduce measures which look beyond the worst impacts of the pandemic, the changes are significant. In addition, the Ford government in Ontario has introduced targeted legislation whic...
Publications Article
Infectious Disease Emergency Leave Extended to January 1, 2022 By Jessica Schissler and Daria (Dasha) Peregoudova Sep 23, 2021 On September 16, 2021, the Government of Ontario once again extended the period that the infectio... On September 16, 2021, the Government of Ontario once again extended the period that the infectious disease emergency leave will apply pursuant to Ontario Regulation 228/20: Infectious Disease Emergency Leave under the Employment Standards Act, 2000. While previously scheduled to expire on Sept...
Publications Article
The Ontario Not-for-Profit Corporations Act, 2010: Better Late Than Never By Jeremy D. Burke, Portia Biswas and Angela Oh Sep 16, 2021 The much anticipated Ontario Not-for-Profit Corporations Act, 2010 ("ONCA") will come into force ... The much anticipated Ontario Not-for-Profit Corporations Act, 2010 ("ONCA") will come into force on October 19, 2021, after receiving Royal Assent in 2010.
Publications Article
Practical Considerations for Returning Employees to Work By Alex Kagan Sep 14, 2021 As employers either prepare, or have started, to return employees to work, often by relying on va... As employers either prepare, or have started, to return employees to work, often by relying on vaccination policies of one type or another, there are a number of practical issues to consider. We have addressed some of these issues in our article to provide your organization with guidance in navig...
Publications Article
Freely Trading Securities Without a Prospectus CSA Proposes Efficient New Means of Raising Equity Capital for Canadian Public Companies By Melanie Cole, Russell J. Sanders and Corey Fletcher Aug 23, 2021 For many smaller Canadian public companies, the current short-form prospectus regime can be prohi... For many smaller Canadian public companies, the current short-form prospectus regime can be prohibitive from a cost perspective, and some investment dealers have less interest in smaller offerings. The Canadian Securities Administrators has proposed a new prospectus exemption for reporting issuer...
Publications Article
Update for Federally-Regulated Employers: Pay Equity Act Comes Into Effect on August 31, 2021 By Daria (Dasha) Peregoudova and Bardia Jalayer Aug 10, 2021 According to the most recent data from Employment and Social Development Canada, women are still ... According to the most recent data from Employment and Social Development Canada, women are still paid 89 cents for every dollar a man earns. To address this at the federal level, on August 31, 2021, the long-anticipated federal Pay Equity Act (the “PEA”) will come...
Publications Article
Bought an NBA Top Shot NFT? What Did You Actually Buy? By Jasraj Shergill Jul 29, 2021 2021 has seen NFTs, or “Non-Fungible Tokens,” become the centre of attention in the worlds of spo... 2021 has seen NFTs, or “Non-Fungible Tokens,” become the centre of attention in the worlds of sport, investing and blockchain. A catalyst for this rise in popularity is NBA Top Shot, a new form of licensed digital collectibles from the NBA. More than $230 million was spent on Top Shot NFTs during...
Publications Article
Department of Finance Clarifies Legislative Intent for Amendments to Taxation of Intergenerational Transfers of Businesses By Edward Miller and Robert Santia Jul 23, 2021 On July 19, 2021, the Department of Finance released a statement acknowledging that the amendment... On July 19, 2021, the Department of Finance released a statement acknowledging that the amendments contained in Bill C-208 form part of the Income Tax Act (Canada) and are now law. The July 19 Announcement replaces the June 30 news rel...
Publications Article
Bill C-208: Tax Implications for Family Businesses By Edward Miller and Robert Santia Jul 08, 2021 On June 29, 2021, Bill C-208 received royal assent. Bill C-208 contains amendments to the Income ... On June 29, 2021, Bill C-208 received royal assent. Bill C-208 contains amendments to the Income Tax Act (Canada) (the “ITA”) that impact the tax consequences of certain intergenerational transfers by providing exceptions that will allow for the extraction of corporate surplus.
Publications Article
Divisional Court Finds Statutory Severance Pay Calculation is Based on Employer’s Global Payroll By Daria (Dasha) Peregoudova and Maria Gonzalez Jul 06, 2021 On June 15, 2021, the Ontario Divisional Court released its decision in Hawkes v. Max Aicher (Nor... On June 15, 2021, the Ontario Divisional Court released its decision in Hawkes v. Max Aicher (North America) Limited. The Court held that the payroll threshold for determining whether an employer is a severance payor under section 64 of the Employment Standards...
Publications Article
Canadian Insurance Regulators Issue Proposed Conduct Principles for Intermediaries By Pamela Miehls and Maria Gonzalez Jun 25, 2021 On May 25, 2021, the Canadian Insurance Services Regulatory Organizations released proposed Princ... On May 25, 2021, the Canadian Insurance Services Regulatory Organizations released proposed Principles of Conduct for Intermediaries. CISRO is currently seeking feedback on the Principles from stakeholders. The deadline to submit comments is July 9, 2021.
Publications
OBCA Amendments to Come Into Force on July 5 By Aarondeep (Aaron) S. Bains and Ian McLeod Jun 21, 2021 Highly anticipated amendments to the Business Corporations Act (Ontario) (OBCA) will take effect ... Highly anticipated amendments to the Business Corporations Act (Ontario) (OBCA) will take effect on July 5, 2021.
Publications Article
IDEL Extension and a Welcome Case for Employers on Constructive Dismissal and Pandemic Layoffs By Daria (Dasha) Peregoudova Jun 15, 2021 The Government of Ontario has once again extended the period that the infectious disease emergenc... The Government of Ontario has once again extended the period that the infectious disease emergency leave (“IDEL”) will apply. IDEL will now extend to September 25, 2021. Prior to this change, IDEL was scheduled to expire on July 3, 2021.
Publications Article
Ontario’s Infectious Disease Emergency Leave and Constructive Dismissal By Alex Kagan May 27, 2021 On May 29, 2020, the Ontario government enacted Ontario Regulation 228/20: Infectious Disease Eme... On May 29, 2020, the Ontario government enacted Ontario Regulation 228/20: Infectious Disease Emergency Leave, which extended the length of time an employee could be temporary laid off without triggering an automatic termination under the Employment Standards Act. The regulation only a...
Publications Article
Ontario Government Announces Plan to Introduce Legislation Providing for Three Paid Sick Days By Michael F. Horvat and Meghan A. Cowan Apr 29, 2021 On April 29, 2021, the Government of Ontario announced that it would introduce new legislation th... On April 29, 2021, the Government of Ontario announced that it would introduce new legislation that would provide for three paid sick days for employees impacted by COVID-19.
Publications Article
Vaccinations and the Workplace: Update By Alex Kagan and Daria (Dasha) Peregoudova Apr 27, 2021 Since our last article on workplace vaccinations, the pandemic has significantly worsened, requir... Since our last article on workplace vaccinations, the pandemic has significantly worsened, requiring the dramatic reallocation of hospital resources, school closures and an extended “Stay-at-Home” order in Ontario. Employers are obligated under the Occupational Health and Safety Act to take every...
Publications Article
New “Go Public” Platform for Mid-Market Growth Companies: NEO Exchange Unveils G-Corp™ Pilot Program By Melanie Cole, Russell J. Sanders and Emily Chittick Apr 20, 2021 The NEO Exchange Inc. has introduced a new pilot program for a publicly-traded vehicle known as a... The NEO Exchange Inc. has introduced a new pilot program for a publicly-traded vehicle known as a Growth Acquisition Corporation™.
Publications Article
A Long-Awaited Canadian Federal Budget Apr 20, 2021 On April 19, 2021, Finance Minister Chrystia Freeland delivered Canada’s budget for 2021 – the f... On April 19, 2021, Finance Minister Chrystia Freeland delivered Canada’s budget for 2021 – the first federal budget released by the Department of Finance in more than two years.
Publications Article
Court of Appeal Upholds Dismissal of Condominium Class Action Based on a Limitation of Liability Clause By Brian Chung and Steve J. Tenai Apr 08, 2021 This is an update to our July 3, 2020 bulletin summarizing Justice Perell’s decision in Ritchie e... This is an update to our July 3, 2020 bulletin summarizing Justice Perell’s decision in Ritchie et al. v. Castlepoint Greybrook Sterling Inc., 2020 ONSC 3840.
Publications Article
To Vaccinate or Not To Vaccinate: The Employer’s Dilemma By Alex Kagan and Daria (Dasha) Peregoudova Mar 11, 2021 One of the topics that generated the most feedback in our last Workplace Law webinar was vaccinat... One of the topics that generated the most feedback in our last Workplace Law webinar was vaccinations in the workplace. As such, this article summarizes our insight on the topic.
Publications Article
Ontario Proposes Significant Changes to the Expropriations Act in Bill 245 By Ajay Gajaria and Matthew Helfand Mar 05, 2021 The Province of Ontario has proposed new legislation which will introduce amendments to the Expro... The Province of Ontario has proposed new legislation which will introduce amendments to the Expropriations Act respecting hearings of necessity, the board of negotiation and statutory interest rates. The changes represent some of the most significant changes to the Ontario Expropria...
Publications Article
Are You Prepared for the Changes Coming to Ontario’s Corporate Law Requirements? By Aarondeep (Aaron) S. Bains, Ian McLeod and Christian Nianiaris Mar 04, 2021 On December 8, 2020, the Ontario legislature enacted the Better for People, Smarter for Business ... On December 8, 2020, the Ontario legislature enacted the Better for People, Smarter for Business Act, 2020, which includes several significant amendments to the Ontario Business Corporations Act.
Publications Article
SCC Expands the Application of the Principle of Good Faith: What You Should Know When Exercising Discretionary Power at Contract By Aarondeep (Aaron) S. Bains and Ian McLeod Mar 04, 2021 In Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage, the Supreme Court considers... In Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage, the Supreme Court considers the contours of the duty to exercise contractual discretion in good faith.
Publications Article
Here Are Six Important Securities Litigation Cases From 2020 That You Need to Read By Hansen Wong Feb 05, 2021 Now that we are into 2021, it seems like an ideal time to reflect on six noteworthy securities la... Now that we are into 2021, it seems like an ideal time to reflect on six noteworthy securities law cases from the past year.
Publications Article
Five Key 2020 Decisions for Businesses Jan 29, 2021 Despite the pandemic defining much of 2020, five key decisions were released last year of lasting... Despite the pandemic defining much of 2020, five key decisions were released last year of lasting impact to businesses and commercial dealings.
Publications Article
New Reporting Requirements for Trusts Jan 28, 2021 If you are a settlor, trustee, beneficiary or protector of a Canadian trust, you need to be aware... If you are a settlor, trustee, beneficiary or protector of a Canadian trust, you need to be aware of changes to the Income Tax Act that have important requirements, expected to be put into effect for the current fiscal year.
Publications Article
Determining EBITDA in a Time of COVID-19 By Sean Mason and Stan Fedun Jan 27, 2021 As entities look to report on the past year, it’s worth considering how we calculate the impact o... As entities look to report on the past year, it’s worth considering how we calculate the impact of the pandemic on earnings. EBITDA is the most commonly used stand-in for earnings and can be found in a wide array of agreements.
Publications Article
What’s New at Tarion Commencing February 1, 2021 By Tammy A. Evans and Peter A. Dalglish Jan 20, 2021 There are a number of changes to Tarion’s structure, processes and documentation commencing 2021 ... There are a number of changes to Tarion’s structure, processes and documentation commencing 2021 that require the attention of developers. This alert will summarize some of those items effective February 1, 2021.
Publications Article
How One Lawyer Helps Young Litigators Through Modern Training Jan 15, 2021 Law students and young lawyers often find themselves in the world of unknown unknowns. And that i... Law students and young lawyers often find themselves in the world of unknown unknowns. And that is a dangerous and very stressful place to reside.
Publications Article
New COVID-19 Measures Introduced by Province and City of Toronto: What a Stay-at-Home Order and the New Reporting Obligations Mean for Employers By Lorenzo Lisi, Daria (Dasha) Peregoudova and Stacey Blydorp Jan 14, 2021 The Ontario government, following a review of current COVID-19 modelling trends, announced on Jan... The Ontario government, following a review of current COVID-19 modelling trends, announced on January 12, 2021, a stay-at-home order that took effect on Thursday, January 14, 2021 at 12:01a.m.
Publications Article
Inclusionary Zoning – What Does It Mean for My Development Project? By Eileen P. K. Costello and John Pappas Jan 13, 2021 The City of Toronto has released details of its proposed inclusionary zoning framework. While fin... The City of Toronto has released details of its proposed inclusionary zoning framework. While final approval by Council is still many months away, the details of the report paint a clearer picture for the development community in Toronto of what is to come.
Publications Article
Ontario Government Announces Changes to Eviction Moratorium By Monty Warsh, Marco Gammone, Faruk Gafic, Kenneth Pimentel and Peter A. Dalglish Jan 07, 2021 On December 17, 2020, the Ontario government enacted a new regulation to Bill 229, which extended... On December 17, 2020, the Ontario government enacted a new regulation to Bill 229, which extended the protection of tenants from evictions and helped resolve the ambiguity as to whether the landlord would be eligible to receive CECRA (and therefore subject to the eviction moratorium).
Publications Article
Legislative Amendments in Response to COVID-19 for Flow-Through Shares Obligations in the Canadian Mining Sector By Adria Leung Lim and Al Turnbull Jan 06, 2021 In response to an anticipated market-wide inability of junior resource companies to meet their ex... In response to an anticipated market-wide inability of junior resource companies to meet their expenditure obligations, the Department of Finance has proposed two extensions to the statutory periods under the General Rule and the Look Back Rule....
Publications Article
Government of Ontario Extends “COVID-19 Period” Until July 3, 2021 By Lorenzo Lisi and Fiona Brown Dec 22, 2020 The Ontario government enacted Ontario Regulation 765/20, which extended the “COVID-19 period” un... The Ontario government enacted Ontario Regulation 765/20, which extended the “COVID-19 period” until July 3, 2021. What this means is that under the Ontario Employment Standards Act, 2000, a layoff until July 3, 2021, does not automatically trigger a statutory layoff or constructive dismiss...
Publications Article
TSX Venture Exchange Announces Significant Positive Changes to its Capital Pool Company Program By Richard M. Kimel, Russell J. Sanders and Emily Chittick Dec 18, 2020 On December 1, 2020, the TSX Venture Exchange announced significant positive changes to its Capit... On December 1, 2020, the TSX Venture Exchange announced significant positive changes to its Capital Pool Company program, a popular program for companies looking to access the public markets.
Publications Article
From CECRA to CERS: What You Need to Know About the Canada Emergency Rent Subsidy By Monty Warsh, Marco Gammone, Faruk Gafic, Kenneth Pimentel and Peter A. Dalglish Dec 15, 2020 Government rent relief for commercial tenants will continue into the middle of 2021 under the new... Government rent relief for commercial tenants will continue into the middle of 2021 under the new Canada Emergency Rent Subsidy program.
Publications Article
Fall Economic Update: Major GST/HST Changes to Non-Resident Businesses Selling to Canadian Consumers By Angelo Gentile Dec 01, 2020 On November 30, the Government of Canada released its Fall Economic Statement, which includes swe... On November 30, the Government of Canada released its Fall Economic Statement, which includes sweeping proposed changes to the GST/HST treatment of certain goods and services sold by non-residents of Canada.
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