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27 Oct

Changes in Payment Model for Pharmacy Services Provided to Long-Term Care Home Residents

Tuesday, October 27, 2020Lad KucisLitigation, Health LawOntario Government, Retirement Homes , Pharmacy, Long-term Care Homes, Ministry of Health

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Effective January 1, 2020, the Government of Ontario announced significant changes to the way that pharmacies are paid for services provided to long-term care (LTC) home residents, as set out in...

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23 Oct

Discovery of Water Damage Insufficient to Terminate Real Estate Purchase Transaction

Friday, October 23, 2020James CookLitigation, Real EstateAgreement of Purchase and Sale, Damages, Flooding, Insurance Policy

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In Bilotta v. Booth2020 ONCA 522, the Ontario Court of Appeal determined that the buyer of a residential property did not have the right to...

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21 Oct

Proposed Legislation Would Shield Retirement Homes and Long-Term Care Homes from COVID-19 Lawsuits

Wednesday, October 21, 2020Lad KucisLitigation, Health LawCOVID-19, Retirement Homes , Bill 218, Supporting Ontario’s Recovery Act, 2020

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On October 20, 2020, the Ontario Government introduced Bill 218, Supporting Ontario’s Recovery Act, 2020, which if passed, would...

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20 Oct

Real Estate Investor’s Claim for Lost Opportunity Damages Rejected

Tuesday, October 20, 2020James CookLitigation, Real EstateOntario Superior Court of Justice , Agreement of Purchase and Sale, Damages

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In Akelius Canada Inc. v. 2436196 Ontario Inc., 2020 ONSC 6182 (CanLII), the Ontario Superior Court of Justice...

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14 Oct

Caveat Emptor Applied to Alleged Basement Flooding Damage

Wednesday, October 14, 2020James CookLitigation, Real EstateFlooding, Ontario Superior Court of Justice , Termination, Damages

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In Giancola v. Dobrydnev, 2020 ONSC 6007 (CanLII), the Ontario Superior Court of Justice rejected a buyer’s attempt to...

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9 Oct

Township’s Prescriptive Easement Upheld by Court of Appeal

Friday, October 9, 2020James CookLitigation, Municipal LawOntario Court of Appeal , Land Title Act, Land Registry

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In Paleshi Motors Limited v. Woolwich (Township)2020 ONCA 625 (CanLII), the Ontario Court of Appeal affirmed that a Township had established a prescriptive easement over private lands for the...

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7 Oct

Partial shutdown of business does not preclude business interruption claim

Wednesday, October 7, 2020Stephen A. Thiele, James CookLitigation, Insurance ActCOVID-19, Business Interruption Loss Policy

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As we head into the seventh month of the artificial economic lockdown ordered by Canadian governments at all levels and brace ourselves for the second wave of the COVID-19 pandemic, businesses in multiple sectors continue to seek compensation from their...

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5 Oct

Ontario Court of Appeal Declines to Enforce “Building Scheme” Restrictions

Monday, October 5, 2020James CookLitigation, Real EstateOntario Court of Appeal , Development, Ontario, Restrictive Covenant, Land Title Act

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A recent decision of the Ontario Court of Appeal dismissed a developer’s attempt to enforce a “building scheme” restricting the construction of an...

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24 Sep

Real Estate Agent’s Defamation Claim Survives Anti-SLAPP Motion

Thursday, September 24, 2020James CookLitigation, Real EstateDefamation, Online Review, Anti-SLAPP Legislation

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In Niu v. Cao2020 ONSC 5407 (CanLII), an Ontario real estate agent was permitted to proceed with a defamation claim stemming from online postings maligning...

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21 Sep
14 Sep

Fence Dispute Leads to $70,000 Defamation Judgment

Monday, September 14, 2020James CookLitigation, Real EstateDefamation, Small Claims Court, libel, slander

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A dispute between two neighbours over a fence led to a $70,000 judgment against an online activist who posted defamatory comments about one of the...

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4 Sep

Lake access easements should be carefully scrutinized prior to purchase

Friday, September 4, 2020James CookLitigation, Real EstateCottage Country, Right-of-way Access , Lake Waseosa

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In a dispute not uncommon to Canadian cottage country, the Ontario Court of Appeal recently addressed whether the owner of a non-lakefront property...

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2 Sep

Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home

Wednesday, September 2, 2020James CookLitigation, Real EstateAgreement of Purchase and Sale, Contract Law, Damages

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The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...

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31 Aug

Unconscionability in Real Estate Transactions Post-Uber

Monday, August 31, 2020James CookLitigation, Real EstateIrrevocability Clause, Contract Law, Toronto

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In Forest Hill Homes (Cornell Rouge) Limited v. Wei2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...

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17 Aug

Online Reviews, Freedom of Expression and Anti-SLAPP Legislation: 910938 Ontario Inc v Moore

Monday, August 17, 2020James CookLitigationComplaints, Defamation, Anti-SLAPP Legislation, Online Review, Courts of Justice Act

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Consider a time when you had a terrible customer service experience while shopping, going to the dentist, or grabbing a bite to eat with some friends. Perhaps you felt sufficiently motivated to post a negative...

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30 Jul

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

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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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29 Jun

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

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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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19 Jun

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

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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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9 Jun

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

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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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3 Jun

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

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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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14 May

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

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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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7 May

Ontario re-opening for business: A gradual approach

Thursday, May 7, 2020Stephen A. Thiele, Gavin J. TigheLitigationCOVID-19, Ontario Government, Ontario, State of Emergency

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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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6 May

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

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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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27 Apr

Property Disputes during a Pandemic

Monday, April 27, 2020James CookLitigation, Real EstateCOVID-19, Coronavirus, Ontario

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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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27 Apr

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

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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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21 Apr

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

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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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16 Apr

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

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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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13 Apr

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

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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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13 Apr

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

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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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8 Apr

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

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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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6 Apr

A CERB Application Update

Monday, April 6, 2020Stephen A. ThieleLitigationCOVID-19, Canada Emergency Response Benefit (CERB), Canada Revenue Agency (CRA)

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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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6 Apr

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

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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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4 Apr

Ontario expands non-essential business closures

Saturday, April 4, 2020Stephen A. ThieleLitigationCOVID-19, Ontario, Infectious Diseases, Infectious Diseases Emergencies, Healthcare

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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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2 Apr

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

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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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2 Apr

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)

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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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20 Mar

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

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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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11 Mar

Zombie Deed Sparks Reoccurring Legal Debate

Wednesday, March 11, 2020James CookLitigation, Real EstateZombie Deed, Probate, Land Registry

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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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29 Jan

Dispute Over Outhouse Clogs Up The Courts: Armstrong v. Moore

Wednesday, January 29, 2020James CookLitigation, Real Estate, Land Use Regulation, Land Titles ActCosts, Ontario

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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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22 Jan

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

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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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