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Publications for 2016

 

Recent News & Articles

Securities Alert - December 2016

December 28, 2016

PDF DOWNLOAD Enhancing Financial Disclosure for Reporting Issuers Some tips from the Ontario Securities Commission (OSC) The Office of the Chief Accountant of the OSC recently published its ...

What happens to property when common-law couples separate? - By Bryce Dillon, Family Law Lawyer

December 22, 2016

PDF DOWNLOAD In Ontario, the property rights of married or formerly married spouses are governed by the Family Law Act (“FLA”). As a general rule, the FLA calculates the growth in ...

Will Legal Marijuana be One of History's Most Disruptive Technologies? - By Tim McCunn, Business Law Lawyer

December 05, 2016

PDF DOWNLOAD The market potential for legalized marijuana is enormous.  One market in particular that could be significantly impacted is alcohol beverages – a trillion dollar ...

Looking for a nanny? – Consider your legal obligations and responsibilities as an employer - By Eric D'Aoust, Litigation Lawyer

November 30, 2016

PDF DOWNLOAD For parents of children with severe allergies, whose children are very close in age, or parents of multiple children, hiring a nanny is sometimes the only option to consider for a ...

A Brief Review of Social Host Liability in Canada - By Ally Czarnowski, Articling Student

November 24, 2016

PDF DOWNLOAD With the holidays drawing near, many social calendars are filling up with work parties, friendly get-togethers, and lavish family dinners.  Undoubtedly, much time and effort ...

U.S. Immigration to Canada: Strength and Opportunity through Diversity - Warren Creates, Immigration Lawyer and Adam Sadinsky, Articling Student

November 11, 2016

PDF DOWNLOAD “Deep in our history of struggle for freedom, Canada was the north star. The freedom road links us together.” When U.S. President Barack Obama invoked the words of Dr. ...

VIDEO BLOG: SPACs and CPCs: Alternatives to Private Equity and Traditional IPOs - By Conor Cronin, Business Law Lawyer

November 07, 2016

Special Purpose Acquisition Corporations (SPAC) and Capital Pool Companies (CPC) are two capital raising vehicles that can benefit investors and business owners looking to access capital ...

Safeguarding the Arbitration Process: Court deters frivolous claims of arbitrator bias - By R. Aaron Rubinoff and John Siwiec

November 02, 2016

PDF DOWNLOAD This article originally appeared in the September 16, 2016 issue of The Lawyers Weekly published by LexisNexis Canada Inc.  Two benefits that are commonly cited in favour of ...

Pay When Paid Clauses - By Owen Bourns, Litigation Lawyer

October 26, 2016

PDF DOWNLOAD Pay when paid clauses are highly contentious provisions in the construction industry that all sub-contractors need to be aware of. In the normal course, a contractor must continue ...

Legalized Marijuana: Lessons From the U.S. Experience - By Tim McCunn, Business Law Lawyer & Alicia Czarnowski, Articling Student

October 24, 2016

PDF DOWNLOAD In December 2015, the Government of Canada announced in its Speech from the Throne that it would begin the process of legalizing and regulating recreational access to ...

Seeing is NOT Believing: Trademark Solicitation Scams - By Marina Stipanac, Trade-mark Agent

October 18, 2016

PDF DOWNLOAD Depending on which side of equation you are on, you may consider revenue made by sending trademark notices offering fake or useless services to trademark owners a resourceful ...

The Steps in a Civil Litigation Action - By Alexandra Ormond, Articling Student

October 12, 2016

PDF DOWNLOAD Pleadings Pleadings consist of a statement of claim, statement of defence and reply. The plaintiff prepares a statement of claim, which must contain a concise statement of the ...

Dealing with the Canada Revenue Agency - By Gregory Sanders, Tax Law Lawyer

October 10, 2016

PDF DOWNLOAD The Canada Revenue Agency (“CRA”) is empowered with the administration and enforcement of the Income Tax Act (the “Act”).  In connection with this, ...

Joint and Several Liability: What does being 1% liable mean? - By Alexandra Ormond, Articling Student

September 30, 2016

PDF DOWNLOAD The 1% rule compels a defendant who may only be 1% at fault to pay the plaintiff’s entire judgment. The “1% rule” comes from s. 1 of the Negligence Act: Where ...

Canadian Patent Office Shortens the Time Between Payment of the Final (Issue) Fee and Issuance of the Resulting Patent from Ten to Eight Weeks (With a Further Reduction Coming) - Solomon M.W. Gold, Patent & Trade-mark Agent

September 28, 2016

PDF DOWNLOAD Over the summer, the Canadian Patent Office announced that it would be amending its process for issuing patents by reducing the time between payment of the final fee in a pending ...

VIDEO BLOG - MANAGEMENT BUYOUT AS A SUCCESSION PLAN OPTION - By Robert P. Kinghan, Partner & Head of the Business Law Group

September 12, 2016

There are many techniques and structures that a privately held business owner may consider in planning for the succession of the business. One such succession option is the management buyout. ...

What is a “Rule 49” Offer to Settle? - By Alexandra Ormond, Articling Student

September 02, 2016

PDF DOWNLOAD The majority of legal cases settle before trial, and recent statistics show the number of settled cases to be as high as 95% in Ontario. This is likely due to Rule 49 of the Rules ...

New Bills Introduced to the Craft Beverage Industry - By Conor Cronin, Business Law Lawyer

August 17, 2016

PDF DOWNLOAD By Conor Cronin, Business Law Lawyer with assistance from Trent McBain & Alcia Czarnowski, Articling Students. There are currently two pieces of proposed legislation, one in ...

Fighting the Urge – Balancing Patentability and the Need to Disclose - By Adrian O'Donnell, Patent Specialist

August 15, 2016

PDF DOWLOAD All businesses from start-ups to large multinational enterprises can struggle to balance the ongoing business requirements for marketing, publicity, customer engagement etc. and the ...

SECURITIES ALERT - August 2016

August 01, 2016

PDF DOWNLOAD Remotely Attended Annual General Meetings Will virtual meetings become the new reality? There is a variety of software and communications technology available today that, ...

The MVACF: What to do when no one has insurance? - By Isaac da Silva Aboo, Summer Student

July 29, 2016

When you buy an automobile insurance policy in Ontario, coverage for damages caused by uninsured or unidentified drivers is mandatory and is built into your policy.   In the case of ...

Quebec’s New Code of Civil Procedure - By R. Aaron Rubinoff and John Siwiec

July 20, 2016

PDF DOWNLOAD This article originally appeared in the April 1, 2016 issue of The Lawyers Weekly published by LexisNexis Canada Inc. Quebec’s new Code of Civil Procedure came into force on ...

VIDEO BLOG - CANADA IMMIGRATION: INTRA-COMPANY TRANSFERS - By Warren Creates, Immigration Lawyer

July 18, 2016

Under the International Mobility Program (IMP), companies can temporarily transfer qualified employees to Canada as ‘intra-company transferees’. These intra-company transfers can ...

What happens when cyclists are involved in motor vehicle accidents? - By Isaac da Silva Aboo, Summer Student

July 15, 2016

In Ontario, there are a few options available to cyclists involved in an accident with a motor vehicle. Firstly, regardless of who is at fault, the cyclist is entitled to accident benefits. If ...

The Limits of Personal Liability Coverage - By Brett Hodgins, Litigation Lawyer

July 14, 2016

PDF DOWNLOAD Many homeowners’ insurance policies include coverage for personal liability. This means that if the policy holder is sued for causing bodily injury or property damage to ...

Disability in the Workplace – Understanding the Duty to Accommodate By Karin Pagé, Litigation Lawyer

July 08, 2016

PDF DOWNLOAD The law is clear that an employer is required to retain an employee who becomes ill or disabled during their employment unless the person is incapable of performing the essential ...

Types of Damages in Defamation Actions by Owen Bourns, Litigation Lawyer

June 29, 2016

PDF DOWNLOAD In an action for defamation a plaintiff may be entitled to an award for the following types of damages: (a) general, (b) special, (c) aggravated, and (d) punitive. General ...

La revente des billets pour un profit en Ontario… d’autres limites à l’horizon? (in French only) - By Eric D'Aoust, Litigation Lawyer

June 23, 2016

PDF DOWNLOAD Nous avons tous vécu ce scénario : nous attendons patiemment à notre ordinateur pour mettre nos mains sur des billets pour un concert très attendu, ...

Investment and New Capital Raising Exemptions for Start-ups, Small and Medium-Sized Businesses in Ontario - By Philip M. Aubry

June 20, 2016

PDF DOWNLOAD With the decline of our dollar and oil prices, there is some good news for investors in Ontario as private market investments in Ontario that were once only available to ...

Property and Assets in the Digital Age - By Anthony McGlynn, Co-Chairman & Partner, Head of Personal Legal Needs and Estate Planning & Administration Groups

June 01, 2016

PDF DOWNLOAD Traditionally when people are planning the distribution of their estates, they would consider their assets and decide how to distribute their assets, after dealing with any ...

LCBO Mark-Up Challenged in Court - By Brian Kells, Articling Student

May 25, 2016

PDF DOWNLOAD In 2015, Toronto Distillery Co., a small craft distiller of spirits such as gin and whisky, launched a court challenge to Ontario’s regulatory regime for on-site sales of ...

Lessons from Season 3 of HBO’s Silicon Valley By Conor Cronin, Business Law Lawyer

May 16, 2016

PDF DOWNLOAD For a comedy, Silicon Valley offers a surprising number of real life legal lessons. Startups should take note. In Season 1, Richard Hendricks, accidental founder of data ...

Canadian Patents: Injunction available against infringer of a Canadian patent where owner of the patent does not practice the invention in Canada

May 12, 2016

PDF DOWNLOAD In a recent decision, the Canadian Federal Court held that an owner of a Canadian patent may obtain a permanent injunction against infringing use, even if the owner does not use the ...

SECURITIES ALERT - May 2016

May 03, 2016

PDF DOWNLOAD Canadian Securities Administrators (CSA) Introduce New Report for Exempt Distributions More information required effective June 30, 2016 Issuers and underwriters who rely on ...

How Your Social Media Presence Can Impact Your Personal Injury Claim

April 19, 2016

Prepared by Alanna Mar, Articling Student  Almost 1.6 billion people are active every month on Facebook. Instagram has more than 400 million monthly active users. While many social media ...

The Use of Trusts - Gregory Sanders, Head of Tax Law Group

April 15, 2016

PDF DOWNLOAD Trusts have been around for six centuries.  In that timespan, their uses have evolved as circumstances have changed. Trusts were first used to distinguish between legal ...

SECURITIES ALERT - April 2016

April 01, 2016

PDF DOWNLOAD Ontario Securities Commission Amends Take–Over Bid Regime Expected to harmonize with other jurisdictions on May 9, 2016 The Ontario Securities Commission (OSC) has ...

CETA Update: More than Beer, Ham and Cheese - Marina Stipanac, Trade-mark Agent

March 14, 2016

PDF DOWNLOAD As reported earlier, Canada and the European Union started negotiating the Comprehensive Economic and Trade Agreement (CETA) back in 2009. It was expected that the Agreement ...

Requirement for Notice to Municipal Defendants

March 10, 2016

In Ontario, if a municipality fails to maintain its bridges, roads and sidewalks in a reasonable state of repair, the municipality is liable for all damages that any person sustains because of ...

New limitations on criminal record information provided to employers - By Margaret R. Truesdale, Research Director

March 08, 2016

PDF DOWNLOAD New limitations on criminal record information provided to employers - By Margaret R. Truesdale, Research Director On December 1, 2015, the Ontario legislature passed the Police ...

RRSP Investments in Public Companies

March 04, 2016

PDF DOWNLOAD A registered retirement savings plan (RRSP) is an important financial planning tool that allows the annuitant and his or her spouse or common-law partner to set aside part of their ...

SECURITIES ALERT - March 2016

March 01, 2016

PDF DOWNLOAD Ontario Securities Commission Provides Tips and Guidance for Reporting Insiders How to stay compliant and avoid personal liability The Ontario Securities Commission (OSC) ...

One More Hurdle to Annulments: Contracting out of Model Law’s Article 34 limits challenges to international arbitration awards - R. Aaron Rubinoff and John Siwiec

February 17, 2016

PDF DOWNLOAD This article originally appeared in the February 12, 2016 issue of The Lawyers Weekly published by LexisNexis Canada Inc. It has long been recognized that a notable difference ...

IP PROTECTION AT THE BORDER: THE TRANS PACIFIC PARTNERSHIP - Paul Braunovan, Partner and Trade-mark Agent

February 16, 2016

PDF DOWNLOAD The Trans Pacific Partnership (TPP) is a trade agreement signed on February 4, 2016 in Auckland, New Zealand.  The TPP is not yet in force as it still needs to be ratified by ...

New Invasion of Privacy Tort Recognized in Ontario - Brett Hodgins, Litigation Lawyer

February 05, 2016

PDF DOWNLOAD Rapidly developing technology in the digital age is causing equally rapid evolution in the law. In 2012 the Ontario Court of Appeal recognized for the first time an invasion of ...

SECURITIES ALERT - February 2016

February 04, 2016

PDF DOWNLOAD A Busy Year for Capital Raising Exemptions Summary of changes in the past year The past year has seen the introduction of many new capital raising prospectus exemptions in ...

Changes to the Condominium Act - Joshua D. Sprague, Real Estate Lawyer

February 02, 2016

PDF DOWNLOAD Bill 106 (the Protecting Condominium Owners Act, 2015) received Royal Assent in the Ontario legislature on December 3, 2015. Bill 106 is the result of an 18-month public engagement ...

SECURITIES ALERT - February 2016

February 01, 2016

PDF DOWNLOAD A Busy Year for Capital Raising Exemptions: Summary of changes in the past year The past year has seen the introduction of many new capital raising prospectus exemptions in ...

Contractor / Sub-Contractor entitlement to payment for “Extras” - Owen Bourns, Litigation Lawyer

January 25, 2016

PDF DOWNLOAD In a "fixed price" or "stipulated price" contract the contractor has agreed, by way of successful bid or non-bid agreement, to perform the work set out in the contract documents ...

Federal Express: New Immigration Program, One Year In - Warren Creates, Immigration Law Lawyer

January 19, 2016

PDF DOWNLOAD On 1 January 2015, the federal government launched a revamped ‘Express Entry’ system for economic immigration to Canada. Before this new program, potential economic ...

Canadian Trademarks: How can I win one case and lose another when similar issues and evidence appear to be involved? - Solomon M. W. Gold

January 07, 2016

PDF DOWNLOAD The Canadian Federal Court recently examined this question in reasons for judgment issued in an appeal from a decision of the Registrar of Trademarks involving oppositions to the ...