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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. Parks, Pamela LiangNon-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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22 Aug

Cottage Country Access Lessons

Tuesday, August 22, 2017James CookLitigation, Municipal Law, Land Titles Act, Land Use Regulation

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With the 2017 summer cottage season winding down, a recent case involving sparing neighbours reminds us of the importance of ensuring you have some form of legalized road access to your rural retreat.

Brown v Savage, 2017 ONSC 4357, involved two waterfront properties on Buckham’s Bay on the Ottawa River...

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16 Aug

CASL - Private Right of Action Suspended

Wednesday, August 16, 2017Catherine CarscallenCorporate Law, Privacy LawAnti-Spam, CASL

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July 1, 2017 was slated to be the date when a “private right of action” under Canada’s anti-spam legislation (CASL) was scheduled to come into force. This private right of action was...  

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15 Aug

Where will marijuana laws end up?

Tuesday, August 15, 2017Stephen A. ThieleLitigationMarijuana, General Interest, Ontario, Mental Health

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As Canada prepares to legalize marijuana next July, questions remain about the restrictions that will be put on this drug.

In a recent position paper released by the Ontario wing of the Canadian Mental Health Association, it is...

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31 Jul

Responsive Market Regulation – Comments on 2017 OSC Paper

Monday, July 31, 2017Heather ZordelCorporate Law, Securities Law, Securities Regulation, Capital MarketsOntario Securities Commission, Education

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In a world where money flows rapidly between established markets and a growing number of innovative markets in multiple jurisdictions, it is an increasing challenge for regulators to “keep up” with...

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26 Jul

Are Contracts for Probationary Employees Enforceable: The Ontario Court of Appeal in Nagribianko v. Select Wine Merchants Ltd.

Wednesday, July 26, 2017Stephanie ClarkLitigation, Employment Law, Employment Standards ActEmployment Agreements, Reasonable Notice, Ontario

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Employers often rely on a probationary period to determine whether a new employee is suitable for an employment position. If an employer determines that an employee is...

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18 Jul

Keep it Simple and Safe – Explaining the new-found popularity of the SAFE

Tuesday, July 18, 2017George ToryCorporate Law, Securities Law, Business LawIPO, Investor Agreements, Preferred Shares

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If it looks like a duck, swims like a duck, and quacks like a duck, then it probably is a duck.  

Not for a SAFE.

In the case of a SAFE, or a ...

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5 Jul

Is Canada Day celebration controversy worth breach of contract claim?

Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day

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On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...

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14 Jun

Failure to comply with ESA minimums can be fatal…

Wednesday, June 14, 2017Bryan SkolnikLitigation, Employment LawEmployment Agreements, Termination

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At the time of an employee’s termination, the most crucial clause is typically that relating to the employee’s entitlement upon a...

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7 Jun

Bill 139 - Ignoring Conservation Authorities Will Cost You

Wednesday, June 7, 2017Jonathan WigleyLitigation, Environmental Law, Municipal Law, Conservation, Administrative Law, Criminal LawConservation Authority, Bill 139, Prosecutions, Search and Seizure

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The Ontario government introduced Bill 139 on May 30, 2017 called the Building Better Communities and Conserving Watersheds Act, 2017. This bill is an amalgam of changes to various pieces of...

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31 May

Righting the Apple Cart. Conservation Authorities

Wednesday, May 31, 2017Jonathan WigleyEnvironmental Law, Municipal Law, Conservation, Administrative Law, LitigationConservation Authority, Safety, Standard of Review, Flooding, Development, Prohibition

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Conservation Authorities (“CAs”) in Ontario are breathing a bit easier following the May 23rd 2017 decision of the Court of Appeal in...

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24 May

The Supreme Court of Canada Strengthens the Judgment Creditor Tool Box

Wednesday, May 24, 2017Scott GfellerLitigation, Privacy LawSupreme Court of Canada, Rules of Civil Procedure

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Collecting can be a pain. Getting a judgment is one thing but getting paid is a different ball game entirely, particularly when...

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9 May

Ineffective Assistance of Counsel in the Civil Context: The case of SMTCL Canada Inc. v. Master Tech Inc., 2017 ONCA 291

Tuesday, May 9, 2017Chris JuniorLitigation, Civil LawSummary Judgment, Rules of Civil Procedure

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Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...

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