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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 Alyssa Gebert and 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 consequences in appropriate circumstance...
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 activities of school boards across the province.
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 prior to th...
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 guide...
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.
Publications Article
Province Introduces an Updated Growth Plan for the Greater Golden Horseshoe By David P. Neligan May 07, 2019 Among the flurry of legislative changes recently announced on May 2, the Province introduced a new Growth Plan for the Greater Golden Horseshoe (“A Place to Grow”), which is anticipated to come into effect on May 16, 2019.
Publications Article
Bill 108: Summary of Key Amendments to Planning Act and Local Planning Appeal Tribunal Act By Meaghan Barrett May 06, 2019 On May 2, 2019, Bill 108, the More Homes, More Choices Act, 2019 received First Reading. Bill 108 proposes a number of amendments to the land use planning regime in Ontario.
Publications Article
Due Diligence – A Brief Refresher By Cynthia R. C. Sefton May 05, 2019 May 5th marks the start of what is now called Safety and Health Week, also known as North American Occupational Safety And Health Week. It is a good opportunity for employers, supervisors and workers to take time to assess whether their policies, procedures, training, monitoring and enforcement r...
Publications Article
Ford Government Launches Sweeping Planning Law Changes By Hon. Peter Van Loan May 03, 2019 The Ford government launched a sweeping package of changes to the land use planning system with the objective of stimulating the supply of housing. Increasing housing supply is seen as critical to increasing affordability and helping Ontario residents achieve their dreams of home ownership.
Publications Article
The Ontario Cannabis Control Act and Implications for Commercial Landlords Lessons Learned From a Prosecution Under the CCA By David S. Reiter and Brian Chung Apr 24, 2019 This article discusses the CCA and the broad enforcement powers it contains. It also discusses a range of other potential impacts that commercial landlords can face under the new regime, and it offers insight into some steps that landlords can take to protect themselves.
Publications Article
2019 Ontario Budget Hints at Continued Phased Approach for Cannabis Retail By Jeremy D. Burke and Gobind Ahuja Apr 23, 2019 The 2019 Ontario Budget provides a revealing glimpse into the Ontario government’s plans for the province’s cannabis retail sector. Although the Budget does not include the details of any phasing plan, the language in the document appears intended to signal that some type of phased approach shoul...
Publications Article
Doing Business in Canada - Spring 2019 Apr 17, 2019 Aird & Berlis is pleased to present the Spring 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
Ford Government Focuses on Fiscal Discipline, With a Moderate Approach Ontario Budget Sets Roadmap to Return to Balance In 2023 By Hon. Peter Van Loan Apr 12, 2019 Doug Ford may have declared Ontario “a place to grow,” but under his watch, one thing that won’t be growing are deficits. A range of restraint measures aim to ensure a balanced budget in four years.
Publications Article
Clarity in Appeal Procedures Part II: The BIA Prevails – or Does It? By Steven L. Graff, Miranda Spence and Kyle B. Plunkett Apr 10, 2019 In January, we wrote about a decision of Justice Watt of the Ontario Court of Appeal, which addressed the question of which appeal procedure must be followed in appeals of Orders made in proceedings constituted under both the Bankruptcy and Insolvency Act (the “BIA”)1 and the Courts of Justice Ac...
Publications Article
Stage Collapse Inquest Commences By Cynthia R. C. Sefton Apr 10, 2019 An inquest into the death of a worker at a stage collapse in June 2012 commenced on March 25, 2019, nearly seven years after the workplace death. The Prosecution In June 2012, just prior to the start of a concert in Toronto, the performance stage collapsed. A worker was killed and others were i...
Publications Article
Looking Backwards … to Get to the Future Spring 2019: Another New and Young Workers’ Blitz By David S. Reiter Apr 10, 2019 Spring is finally here, and businesses in the industrial sector have started to turn, or will soon be turning, their attention to their student hiring processes. For many students, the jobs they get this summer will be their first introduction to the workforce. As a result, they tend to make up ...
Publications Article
You Asked, We Answered: Managing Absenteeism in the Workplace By Michael F. Horvat Apr 10, 2019 We recently held our Managing Absenteeism in the Workplace webinar, where our legal experts discussed the challenges presented by absenteeism in the workplace and proactive steps you can take to build an effective absence policy. A few recurring themes arose in the questions our audience asked. ...
Publications Article
Elevating Devices and Safety, a Reminder to Learn From the Mistakes of Others By Cynthia R. C. Sefton Apr 08, 2019 Do you manufacture, own, operate or service elevators or escalators in Ontario? If so, you should be aware of (and be reminded of ) your legal obligations to prevent incidents. This article deals with cases, separated by over a decade, where people have been injured or died in connection with uns...
Publications Article
Supreme Court Dismisses Solar Power Network Application for Leave to Appeal By Alyssa Gebert and Jonathan Yantzi Mar 29, 2019 The Supreme Court has dismissed an application for leave to appeal Solar Power Network Inc. v. ClearFlow Energy Finance Corp. The Court of Appeal for Ontario earlier held that the use of formulas to express annual interest rates can satisfy Section 4 of the Interest Act.
Publications Article
What to Expect When You’re Expecting… Federal Infrastructure Funds? By David P. Neligan and Matthew Helfand Mar 27, 2019 In Chapter 2 of the 2019 Federal Budget under the heading “Building Strong Communities,” the Government of Canada announced a “one-time top-up” of $2.2 billion dollars to support municipal infrastructure projects.
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 ...
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