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19 Jul

Constructive Construction – Serious Legal Changes

Thursday, July 19, 2018Jonathan WigleyLitigation, Construction LawConstruction , Education, Liens, Building

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Sweeping reforms to the Construction Lien Act received Royal Assent in December 2017. The law of construction liens and payments has been modernized and updated and a...

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21 Jun

Social Clubs with Share Capital and the ONCA

Thursday, June 21, 2018Clifford S. GoldfarbBusiness Law, Ontario Corporations Act, Non-Profit and Charities, Corporate LawSocial Clubs

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Transition Requirements for Share Capital Social Clubs Under the Ontario Corporations Act on Proclamation of the Ontario Not-for-Profit Corporations Act, 2010

There are 148 share capital social clubs currently in existence in the province of Ontario[1]. These are non-profit companies with...

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21 Jun

Social Clubs with Share Capital and the ONCA

Thursday, June 21, 2018Clifford S. GoldfarbOntario Corporations Act, Non-Profit and CharitiesOntario

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Transition Requirements for Share Capital Social Clubs Under the Ontario Corporations Act on Proclamation of the Ontario Not-for-Profit Corporations Act, 2010. There are...

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30 May

Is Contract Law Changing?

Wednesday, May 30, 2018Jonathan WigleyLitigation, Limitations, Contracts, EquityExtensions, Forbearance

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Enone Rosas is a lucky lady. First, Ms. Rosas moved to Canada from the Philippines in 1990 and became friends with Mr. and Mrs. Toca. Positive luck but it gets better...

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21 Mar

Need an Uber? Yes - to the Netherlands

Wednesday, March 21, 2018Scott GfellerLitigation, Employment Law, Employment Standards Act, Class ActionsUber, UberEats

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Uber is certainly no stranger to Canadian court rooms. In its latest tussle, a $400 million dollar proposed class action in Ontario by Uber “drivers” alleging they are employees of Uber and... 

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27 Feb

Coming soon to a backyard near you???

Tuesday, February 27, 2018Anna HusaLitigationToronto, Backyard Chickens, Toronto Politics

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“Locally-sourced food” is taking on new meaning in the City of Toronto.

Late last year, City council approved a backyard chicken pilot project which will allow residents in four ward...

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20 Feb

The other side of MeToo

Tuesday, February 20, 2018Stephen A. ThieleLitigationDefamation

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The #MeToo movement has started a revolution. No longer are women, in particular, afraid to speak about incidents in which they have...

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27 Dec

So you’re in Special Credit – Can you sue?

Wednesday, December 27, 2017Jonathan WigleyLitigationInsolvency, Collections, Lending, Loans, Banking, Recovery

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Deciding not to advance any more money and shifting a debtor’s account into the...

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19 Dec

Now in Effect: Amendments to Ontario Charities and Not-For-Profit Laws

Tuesday, December 19, 2017Clifford S. Goldfarb, James M. ParksNon-Profit and Charities, Corporate Law

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On November 14, 2017, Bill 154, Cutting Unnecessary Red Tape Act, 2017 ("Act"), received Royal Assent. The Act brings much needed reform to the...

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5 Dec

Advertisers Beware

Tuesday, December 5, 2017James CookLitigationSmall Claims Court, Ontario, Advertising

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How much is your physical image worth if it is used in an advertisement without your permission? A recent decision of the Ontario Superior of Justice (Ottawa Small Claims Court) addressed this...

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25 Oct

Supreme Court of Canada Rules Banks Liable for Conversion of Cheques

Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud

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When the employee of a large corporation defrauds their employer through a fraudulent cheque scheme, should the banks which paid out on the cheques be...

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23 Oct

Evolution of the Shareholders’ Agreement in Canada

Monday, October 23, 2017Peter MoffattBusiness Law, Corporate LawShareholders’ Agreement

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Business corporations statutes in most Canadian jurisdictions allow the shareholders of a corporation to restrict, in whole or in part, the powers of the directors of the Corporation to...

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2 Oct

What Can Go Wrong when a Director is also the largest Shareholder

Monday, October 2, 2017Kathleen SkerrettCorporate Law, Securities Law

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One of the things I have enjoyed most about practising law is the wonderful and unusual fact situations that can arise. Having now practised for 20 years, I can recollect a number of situations that would involve some version of “I can’t believe that actually happened”. Earlier this year I had another. We acted as counsel for a public company...

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27 Sep

Recognizing Drug Addiction as a Ground for Discrimination under Human Rights Legislation – Stewart v. Elk Valley Coal Corp. 2017 SCC 30

Wednesday, September 27, 2017Chris JuniorLitigation, Employment Law, Human Rights LawWrongful Dismissal, Discrimination

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The Supreme Court of Canada released its decision in Stewart v. Elk Valley Coal Corp. (2017 SCC 30) earlier this year, a landmark case concerning the current framework for determining discrimination in the workplace. The majority...

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25 Sep

PIPEDA - Draft Breach of Security Safeguards Regulations Published

Monday, September 25, 2017Catherine CarscallenBusiness Law, Privacy Law, Corporate LawAnti-Spam, Digital Privacy Act, Breach of Security Safeguards Regulations

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The Digital Privacy Act, passed in June 2015, made a number of amendments to Canada’s federal private sector privacy law, the Personal Information Protection and Electronic Documents Act (“PIPEDA”). Key among these amendments was...

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25 Sep

Ontario Announces Changes Dealing With Not-For-Profit Corporations

Monday, September 25, 2017James M. ParksCorporate Law, Non-Profit and Charities, Ontario Corporations ActOntario

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The Ontario government enacted legislation several years ago that is intended to modernize the outdated law governing corporations without share capital. The Ontario Not-for-profit Corporations Act (the “ONCA”) received Royal Assent in 2010, but...

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15 Sep

From Print to Digital Newspapers, The Ontario Libel and Slander Act and Online Newspapers

Friday, September 15, 2017Dara HirbodLitigationlibel, slander, newspaper

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As technology continues to usher individuals towards online based content, it has initiated the mummification of printed media, spearheading a...

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30 Aug

To Boldly Go… towards a global system of accountability – Google Inc. v. Equustek Solutions Inc.

Wednesday, August 30, 2017Tim DuncanLitigation, Intellectual Property, InjunctionsSupreme Court of Canada, Technology, Freedom of Expression

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In true common law tradition, let’s start this blog post with some obligatory Latin: audentes Fortuna iuvat.  “Fortune favours the bold.”

This might have been the principle that governed the behaviour of Datalink Technologies Inc. when it... 

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28 Aug

Registering a Charity in Canada

Monday, August 28, 2017Clifford S. GoldfarbNon-Profit and Charities, Income Tax Act, Corporate Law, Ontario Corporations ActCanada Revenue Agency (CRA)

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The number of charitable organizations registered with Canada Revenue Agency (CRA) is close to 90,000. This includes large public organizations in the health and arts field, local service groups and private or family foundations. In order to be registered as a charity, an organization...

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