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Publications
An Expensive Power of Attorney, Courtesy of the Income Tax Act By Donald Carr Jul 26, 2019 One might assume that neither CRA nor the Ministry of Finance intended that the innocent appointment of a power of attorney would trigger associated corporation status of totally unconnected or “unrelated” corporations. However, that is what can easily occur under the present legislation.
Publications Article
Ontario Court of Appeal Provides Guidance on Vesting Orders in Receivership – and Beyond By Kathryn Esaw and Miranda Spence Jul 17, 2019 Vesting orders have become one of the most powerful tools in an insolvency professional’s toolkit, providing a purchaser with the comfort that the encumbrances contributing to the debtor’s financial difficulties cannot follow to the new owner. In light of their importance, Canadian insolvency and...
Publications
Amendments to Ontario’s Personal Property Security Act Facilitate Chattel Paper Financing By Alyssa Gebert and Portia Biswas Jul 17, 2019 Recent amendments to Ontario’s Personal Property Security Act to accommodate electronic chattel paper will expedite the process of financing and securing electronic chattel paper, while modernizing Ontario’s PPSA legislative regime.
Publications Article
Priority of Receivership Charges Over Construction Trusts – Ontario Court Maintains the Status Quo By Sam Babe Jul 17, 2019 In an April 30, 2019 endorsement accompanying a receivership order made in the matter of Royal Bank of Canada and D.M. Robichaud Associates Ltd., Justice Hainey of the Ontario Superior Court of Justice, Commercial List held that the receiver’s charge and the receiver’s borrowings charge should ha...
Publications Article
Contracting Out Construction Projects on Your Business’s Property Limiting Your Liability Exposure Under the OHSA By David S. Reiter Jul 17, 2019 Businesses that hire contractors to perform work are liable for the health and safety of their contractors’ workers, even if the contractor was hired precisely because it has a particular expertise that the business doesn’t have.
Publications Article
Double-Dipping in Canada: Prohibited by Law or Simply Poor Tax Etiquette? By Francesco Gucciardo Jul 12, 2019 The Canada Revenue Agency recently took the unusual and unconventional step of notifying the tax community that it has settled a matter relating to a hybrid financing arrangement involving a forward subscription agreement. Where do these structures stand in Canada?
Publications Article
Ontario Government Cannabis Retail Licence Lottery, Part Deux By Jeremy D. Burke and Vernon Lin Jul 08, 2019 The Ontario government announced plans to conduct a second cannabis retail licence lottery process.
Publications Article
Health Canada Proposes New Regulatory Pathway for “Cannabis Health Products” By Jeremy D. Burke and Vernon Lin Jul 08, 2019 "Consultation on Potential Market for Cannabis Health Products that would not Require Practitioner Oversight" canvasses Health Canada’s plans to create a new regulatory pathway for Cannabis Health Products (“CHPs”) in the context of seeking public and industry input on this proposed new branch of...
Publications Article
A Smoother Ride for Lessors: Vicarious Liability Cap Extended to Include Ride-Hailing Services By Jill P. Fraser, Alyssa Gebert and Portia Biswas Jul 04, 2019 Commercial auto lessors and their financial subsidiaries can breathe easy. Bill 107, Getting Ontario Moving Act, 2019 (the “Bill”), which extends the $1,000,000 liability cap to auto lessors where leased vehicles are used for ridesharing services, received Royal Assent on June 6, 2019.
Publications Article
Report of the Special Senate Committee on the Charitable Sector By Donald Carr Jun 27, 2019 The Report of the Special Senate Committee on the Charitable Sector came down on June 20, 2019. It was appointed by the Senate at the end of January 2018, tasked with delivering its report by the end of the year.
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.
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