Blog
Blog
Need an Uber? Yes - to the Netherlands
Wednesday, March 21, 2018Scott GfellerLitigation, Employment Law, Employment Standards Act, Class ActionsUber, UberEats
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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Coming soon to a backyard near you???
Tuesday, February 27, 2018Anna HusaLitigationToronto, Backyard Chickens, Toronto Politics
“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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The other side of MeToo
Tuesday, February 20, 2018Stephen A. ThieleLitigationDefamation
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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So you’re in Special Credit – Can you sue?
Wednesday, December 27, 2017Jonathan WigleyLitigationInsolvency, Collections, Lending, Loans, Banking, Recovery
Deciding not to advance any more money and shifting a debtor’s account into the...
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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
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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Advertisers Beware
Tuesday, December 5, 2017James CookLitigationSmall Claims Court, Ontario, Advertising
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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Supreme Court of Canada Rules Banks Liable for Conversion of Cheques
Wednesday, October 25, 2017Alexander MelfiLitigation, Bills of Exchange ActSupreme Court of Canada, Fraud
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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Evolution of the Shareholders’ Agreement in Canada
Monday, October 23, 2017Peter MoffattBusiness Law, Corporate LawShareholders’ Agreement
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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What Can Go Wrong when a Director is also the largest Shareholder
Monday, October 2, 2017Kathleen SkerrettCorporate Law, Securities Law
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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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
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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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
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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Ontario Announces Changes Dealing With Not-For-Profit Corporations
Monday, September 25, 2017James M. ParksCorporate Law, Non-Profit and Charities, Ontario Corporations ActOntario
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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From Print to Digital Newspapers, The Ontario Libel and Slander Act and Online Newspapers
Friday, September 15, 2017Dara HirbodLitigationlibel, slander, newspaper
As technology continues to usher individuals towards online based content, it has initiated the mummification of printed media, spearheading a...
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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
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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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)
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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Cottage Country Access Lessons
Tuesday, August 22, 2017James CookLitigation, Municipal Law, Land Titles Act, Land Use Regulation
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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CASL - Private Right of Action Suspended
Wednesday, August 16, 2017Catherine CarscallenCorporate Law, Privacy LawAnti-Spam, CASL
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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Where will marijuana laws end up?
Tuesday, August 15, 2017Stephen A. ThieleLitigationMarijuana, General Interest, Ontario, Mental Health
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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Responsive Market Regulation – Comments on 2017 OSC Paper
Monday, July 31, 2017Heather ZordelCorporate Law, Securities Law, Securities Regulation, Capital MarketsOntario Securities Commission, Education
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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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
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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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
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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Is Canada Day celebration controversy worth breach of contract claim?
Wednesday, July 5, 2017Stephen A. ThieleLitigation, Employment LawToronto, Toronto Politics, Termination, Ontario, Canada Day
On July 1, 2017, Canada turned 150 years old. All across the nation, public and private organizers...
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Failure to comply with ESA minimums can be fatal…
Wednesday, June 14, 2017Bryan SkolnikLitigation, Employment LawEmployment Agreements, Termination
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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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
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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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
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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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
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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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
Wajeb Assaf, former lawyer for the defendant, represented Master Tech in the unsuccessful defence of a summary judgement motion which...
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