Blog
Blog
Opportunity for Increased Tax Savings from Income Splitting with a 1% Prescribed Rate Loan
Thursday, July 30, 2020Lindsay Ann Histrop, Simon CheungCorporate Law, Tax and Estate PlanningIncome Splitting, Tax Savings
In this blog we will explain how you may be able to benefit from a 1% prescribed-rate loan to split income with certain family members who are taxed at a lower marginal rate.
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In the Aftermath of Uber v Heller: Balancing Contractual Freedoms with Access to Justice
Monday, June 29, 2020John A. Campion, Jonathan James NehmetallahLitigation, Employment Law, Employment Standards ActSupreme Court of Canada, Uber, Employment Agreements
On June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses in an employment agreement and whether that could...
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Ontario Suspends Commercial Tenant Evictions
Friday, June 19, 2020Stephen A. Thiele, Gavin J. TigheLitigationBill 192 - Protecting Small Business Act, Canada Emergency Commercial Rent Assistance (CECRA), Commercial Tenancies Act, Commercial Landlord, COVID-19, Ontario Government
In the wake of the COVID-19 pandemic, governments around the world have implemented physical distancing measures to “flatten the curve”.
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A Litigation Update: The Small Claims Court and Short Motions or Applications
Tuesday, June 9, 2020Stephen A. Thiele, Gavin J. Tighe, Rojin JazayeriLitigationRules of Professional Conduct, Small Claims Court, Short Motions
As we near the three month anniversary date of Ontario’s state of emergency, our court system continues to re-emerge from its suspension and to evolve.
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Facebook To Pay $9 Million Penalty Under Canada’s Competition Act
Wednesday, June 3, 2020Kenneth Jull, Jonathan James NehmetallahLitigation, Competition ActCompliance, Advertising, Administrative Monetary Penalty
On May 19, 2020 the Competition Bureau announced that Facebook Inc. will pay a $9 million administrative monetary penalty (“AMP”), and an additional $500,000 for the costs of the Bureau’s investigation, after...
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The Ontario government continues to modernize the way in which documents can be executed and sworn
Thursday, May 14, 2020Lindsay Ann Histrop, Simon Cheung, Jennifer SearleTax and Estate Planning, Business Law, Corporate LawCOVID-19, State of Emergency, Powers of Attorney, Wills, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act
The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with our technological world.
On May 12, 2020, the Ontario government passed Bill 190, the COVID-19 Response and Reforms to Modernize Ontario Act, 2020.
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Ontario re-opening for business: A gradual approach
Thursday, May 7, 2020Stephen A. Thiele, Gavin J. TigheLitigationCOVID-19, Ontario Government, Ontario, State of Emergency
With Victoria Day a little more than a week away and people experiencing a growing urge to return to pre-COVID-19 routines, many governments, including the Ontario government, have...
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Insurance and business interruption losses caused by COVID-19 shutdowns: Are you covered?
Wednesday, May 6, 2020Arlene O'Neill, Evert Van WoudenbergCorporate Law, Insolvency lawCOVID-19, Insurance Policy, Business Interruption Loss Policy
As Ontario enters another month of a government ordered lockdown of the economy because of the worldwide COVID-19 health emergency, businesses continue to struggle as they see their revenues and profits plummet. In some cases...
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Property Disputes during a Pandemic
Monday, April 27, 2020James CookLitigation, Real EstateCOVID-19, Coronavirus, Ontario
In Ontario regular civil court operations have been largely suspended since mid-March 2020 due to the COVID-19 pandemic. One consequence of this has been the temporary postponement of...
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Tax Planning Opportunities in a Depressed Market
Monday, April 27, 2020Lindsay Ann Histrop, Simon CheungTax Law, Tax and Estate Planning, Corporate LawCapital Gains, Capital Losses, Income Splitting, Prescribed Rate Loan Structure
The recent decline in financial markets may present opportunities to obtain refunds of tax paid in prior years. They may also present opportunities for income-splitting if...
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A COVID-19 lay off may not be termination
Tuesday, April 21, 2020Soma Ray-EllisLitigation, Employment LawCOVID-19, Termination, Employment Agreements, Employee, Employer, Employment Standards Amendment Act, State of Emergency
Canada lost a staggering million plus jobs in the month of March. The International Labour Organization has said based on current statistical information, 1.25 billion workers or 38% of the Global Workforce may face workplace displacement as a result of the COVID-19 pandemic.
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Directors and officers need to stay focused and diligent during COVID-19 health emergency
Thursday, April 16, 2020Arlene O'Neill, Kathleen SkerrettCorporate Law, Business Law, Securities Law, Tax LawDirectors and Officers Liability, Directors and Officers Insurance Coverage, HST/GST
With the COVID-19 health emergency continuing for a least another month in Ontario and non-essential businesses remaining closed, directors and officers must continue to remain focused of their duties and to protect the companies they serve as a director or officer and themselves from potential liability.
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Virtual Signatures for Wills and Powers of Attorney Now Allowed
Monday, April 13, 2020Lindsay Ann HistropCorporate Law, Estate PlanningWills, Powers of Attorney, Succession Law Reform Act, Substitute Decisions Act, COVID-19
As the COVID-19 health emergency continues to create financial uncertainty because of the shutdown of non-essential businesses, layoffs and reductions in pay, it is understandable that people are concerned about...
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COVID-19 Provides Rare Opportunity for an Estate Freeze
Monday, April 13, 2020William S. Bernstein, Lorne Saltman, James M. Parks, Greg Farano, Lindsay Ann HistropCorporate Law, Estate Planning, Income Tax Act, Tax and Estate Planning, Tax LawWills, Estate Freeze, COVID-19
COVID-19 has resulted in significant decreases to the value of many assets, including marketable securities, private businesses and real estate. This provides an opportunity to implement an estate freeze at low values, which allows for future savings in income tax.
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Federal government announces significant change to Emergency Wage Subsidy
Wednesday, April 8, 2020Soma Ray-EllisLitigation, Employment LawCanada Emergency Wage Subsidy, Not-for-Profit/Charities, COVID-19
On April 8, 2020, the federal government announced that it was making a significant change to the Canada Emergency Wage Subsidy program that it had previously announced on March 30, 2020.
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A CERB Application Update
Monday, April 6, 2020Stephen A. ThieleLitigationCOVID-19, Canada Emergency Response Benefit (CERB), Canada Revenue Agency (CRA)
On Friday, April 3rd, 2020, the Government of Canada released a comprehensive question and answer resource on the Canada Emergency Response Benefit. Specifically, eligibility requirements and the application process was clarified
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Top 10 Work Refusal Questions for Employers and Employees during the COVID-19 Pandemic
Monday, April 6, 2020Soma Ray-EllisLitigationCOVID-19, Workplace Safety and Insurance Board (WSIB), Employer, Employee, Employment Agreements, Employment Standards Amendment Act
The global spread of COVID-19 has impacted employers and employees across the globe, and Canada is no exception. Soma Ray-Ellis, Chair – Employment and Labour Law Group has prepared the ten most relevant questions that employers and employees need to understand in this COVID-19 work reality we now find ourselves in.
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Ontario expands non-essential business closures
Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Ontario, Infectious Diseases, Infectious Diseases Emergencies, Healthcare
On April 3, 2020, the Ontario government expanded the list of non-essential businesses that will be required to close while the province courageously battles to control the spread of COVID-19.
Under Regulation 82/20, the Ontario government had previously provided a list of businesses that it had deemed essential and that could remain open during the current health emergency.
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Frustration and Pandemic - A Long Term Perspective on COVID-19 and Frustration of Contracts
Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCOVID-19, Compliance, Frustration, Force Majeure, Contract Law
In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...
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Novel Coronavirus (COVID-19) Update: Federal and Provincial Government Relief Measures Available to Businesses
Thursday, April 2, 2020Stephen A. ThieleLitigation, Business LawLayoffs, COVID-19, Coronavirus, Wage Subsidy, Work-Sharing Program Extensions, Workplace Safety and Insurance Board (WSIB), Business Credit Availability Program (BCAP)
This blog will provide an overview of the most significant federal and provincial relief measures to assist businesses and entrepreneurs in the face of the unique and pressing challenges presented by the current COVID-19 pandemic.
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New Ontario Legislation To Protect Workers: COVID-19
Friday, March 20, 2020Soma Ray-EllisEmployment Law, Employment Standards Act, LitigationEmployment Agreements, Ontario, Safety, Wrongful Dismissal, COVID-19, Coronavirus, Infectious Diseases, Infectious Diseases Emergencies, Ontario Government, Bill 186
On March 19, 2020, the Ontario Government introduced the Employment Standards Amendment Act (Infectious Disease Emergencies), 2020, which amends the Employment Standards Act, 2000, to protect the jobs of employees who...
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Zombie Deed Sparks Reoccurring Legal Debate
Wednesday, March 11, 2020James CookLitigation, Real EstateZombie Deed, Probate, Land Registry
Absent a sequel by way of appeal, the Ontario Superior Court of Justice may have struck the final blow to the head of “zombie deeds”. A “zombie deed” generally refers to...
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Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore
Wednesday, January 29, 2020James CookLitigation, Real Estate, Land Use Regulation, Land Titles ActCosts, Ontario
Can the location of an outhouse grant title to a portion of the neighbour’s land? This was the smelly issue facing the Court in a matter that went through a seven day trial followed by a recent trip to...
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Responding to Complaints Before the College of Veterinarians of Ontario (CVO): A Defence Lawyer’s Perspective
Wednesday, January 22, 2020Lad KucisHealth Law, LitigationCollege of Veterinarians of Ontario, Veterinarians, Disciplinary Hearing, Complaints
As legal counsel for veterinarians, we are regularly asked questions about the complaints process before the College of Veterinarians of Ontario (the “College”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential...
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Responding to Complaints Before the College of Massage Therapists of Ontario (CMTO): A Defence Lawyer’s Perspective
Wednesday, October 23, 2019Lad KucisHealth Law, LitigationComplaints, Disciplinary Hearing, Massage Therapists
As legal counsel for registered massage therapists, we are regularly asked questions about the complaints process before the College of Massage Therapists of Ontario (the “College”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...
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Responding to Complaints Before the College of Audiologists and Speech-Language Pathologists of Ontario A Defence Lawyer’s Perspective
Thursday, October 3, 2019Lad KucisLitigation, Health LawComplaints, Disciplinary Hearing, Compliance, Inquiries, Complaints and Report Committee
As legal counsel for audiologists and speech-language pathologists, we are regularly asked questions about the complaints process before the College of Audiologists and Speech-Language Pathologists of Ontario (“CASLPO”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information...
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Responding to Complaints Before the College of Optometrists of Ontario A Defence Lawyer’s Perspective
Tuesday, September 17, 2019Lad KucisLitigation, Health LawComplaints
As legal counsel for optometrists, we are regularly asked questions about the complaints process before the College of Optometrists of Ontario (the “College”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...
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How the Identities of Health Professionals are Revealed in HPARB Complaint Review Decisions
Tuesday, September 10, 2019Lad KucisLitigation, Health LawHealthcare, Complaints
It is the long-standing practice of the Health Professions and Appeal Board (HPARB) to identify parties by their...
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Responding to Complaints Before the College of Psychologists of Ontario A Defence Lawyer’s Perspective
Wednesday, September 4, 2019Lad KucisLitigation, Health LawComplaints, Healthcare, College of Psychologists of Ontario, Disciplinary Hearing
As legal counsel for psychologists, we are regularly asked questions about the complaints process before the College of Psychologists of Ontario (“CPO”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...
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Responding to Complaints Before the Royal College of Dental Surgeons of Ontario: A Defence Lawyer’s Perspective
Monday, August 26, 2019Lad KucisHealth Law, LitigationComplaints, Compliance, Royal College of Dental Surgeons
As legal counsel for dentists, we are routinely asked questions about the complaints process before the Royal College of Dental Surgeons of Ontario (“RCDSO”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the...
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Responding to Complaints Before the Ontario College of Pharmacists: A Defence Lawyer’s Perspective
Wednesday, August 21, 2019Lad KucisLitigation, Health LawDisciplinary Hearing, Ontario College of Pharmacists, Pharmacy
As legal counsel for pharmacists, we are regularly asked questions about the complaints process before the Ontario College of Pharmacists (“OCP”).
Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that pharmacists need to know.
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