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30 Sep

GR lawyers succeed in having action over cancelled building permit transferred to correct court

Thursday, September 30, 2021Stephen A. Thiele, Kenneth JullLitigationConservation Authority, Conservation Authorities Act

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Each jurisdiction has different levels of court. In Ontario, there is the Small Claims Court, the Ontario Superior Court of Justice, the Divisional Court and the...

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28 Jun

Environmental injunctions need not pass the flagrant breach threshold

Monday, June 28, 2021James R.G. Cook, Kenneth JullLitigationConservation Authorities Act

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In Lake Simcoe Region Conservation Authority v. Eng, the applicant Conservation Authority obtained an interim injunction against the owner of a property in an area of...

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31 May

Administrative Monetary Penalties in the Afterlife

Monday, May 31, 2021Kenneth JullLitigation, Bankruptcy and InsolvencyBankruptcy, Administrative Monetary Penalty, Bankruptcy and Insolvency Act

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Allegations of criminal or regulatory violations are often made in the civil and administrative law world. A securities broker may be alleged to have defrauded investors by making false statements regarding the use of...

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26 May

Snow washing is now more difficult in Canada, but at what cost?

Wednesday, May 26, 2021Kenneth Jull, Ian SpiegelLitigationSnow Washing, Money Laundering

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For several years, the Canadian government has begun to focus on “snow washing”, the purifying of illegitimate funds through using shell corporations to launder money...

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6 Apr

Recent treatment of the duty to defend in Ontario courts

Tuesday, April 6, 2021James R.G. Cook, Kenneth JullLitigationInsurance Policy, Ontario Court of Appeal , Negligence, Insurance Law, Policy, Class Action

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Where there is a dispute between an insurer and an insured over the insurer’s duty to defend a claim being made against an insured, the insured will ordinarily need to bring an application for... 

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23 Dec

Viewing the Supreme Court of Canada’s decision in Callow through a compliance lens

Wednesday, December 23, 2020James R.G. Cook, Kenneth Jull, Jonathan James Nehmetallah, Ian SpiegelLitigationSupreme Court of Canada, Compliance, Contract Law

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The Supreme Court of Canada released its decision in C.M. Callow Inc. v. Zollinger on December 18, 2020. This decision is ground-breaking in the world of contracts, and can...

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3 Jun

Facebook To Pay $9 Million Penalty Under Canada’s Competition Act

Wednesday, June 3, 2020Kenneth JullLitigation, Competition ActAdvertising, Compliance, 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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2 Apr

Frustration and Pandemic - A Long Term Perspective on COVID-19 and Frustration of Contracts

Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCompliance, COVID-19, 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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26 Jul

Cannabis, Compliance, and Trust

Friday, July 26, 2019Kenneth Jull, Jonathan James NehmetallahLitigation, CannabisMarijuana, Compliance, Cannabis Laws

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Health Canada is investigating CannTrust for growing over ten thousand kilograms of cannabis in unlicensed rooms between October, 2018 and March, 2019. The Globe and Mail reported this week that...

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