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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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23 Oct

Responding to Complaints Before the College of Massage Therapists of Ontario (CMTO): A Defence Lawyer’s Perspective

Wednesday, October 23, 2019Lad KucisHealth Law, LitigationComplaints, Disciplinary Hearing, Massage Therapists

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As legal counsel for registered massage therapists, we are regularly asked questions about the complaints process before the College of Massage Therapists of Ontario (the “College”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...

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3 Oct

Responding to Complaints Before the College of Audiologists and Speech-Language Pathologists of Ontario A Defence Lawyer’s Perspective

Thursday, October 3, 2019Lad KucisLitigation, Health LawComplaints, Disciplinary Hearing, Compliance, Inquiries, Complaints and Report Committee

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As legal counsel for audiologists and speech-language pathologists, we are regularly asked questions about the complaints process before the College of Audiologists and Speech-Language Pathologists of Ontario (“CASLPO”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information...

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17 Sep

Responding to Complaints Before the College of Optometrists of Ontario A Defence Lawyer’s Perspective

Tuesday, September 17, 2019Lad KucisLitigation, Health LawComplaints

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As legal counsel for optometrists, we are regularly asked questions about the complaints process before the College of Optometrists of Ontario (the “College”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...

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10 Sep

How the Identities of Health Professionals are Revealed in HPARB Complaint Review Decisions

Tuesday, September 10, 2019Lad KucisLitigation, Health LawHealthcare, Complaints

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It is the long-standing practice of the Health Professions and Appeal Board (HPARB) to identify parties by their...

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4 Sep

Responding to Complaints Before the College of Psychologists of Ontario A Defence Lawyer’s Perspective

Wednesday, September 4, 2019Lad KucisLitigation, Health LawComplaints, Healthcare, College of Psychologists of Ontario, Disciplinary Hearing

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As legal counsel for psychologists, we are regularly asked questions about the complaints process before the College of Psychologists of Ontario (“CPO”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that...

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26 Aug

Responding to Complaints Before the Royal College of Dental Surgeons of Ontario: A Defence Lawyer’s Perspective

Monday, August 26, 2019Lad KucisHealth Law, LitigationComplaints, Compliance, Royal College of Dental Surgeons

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As legal counsel for dentists, we are routinely asked questions about the complaints process before the Royal College of Dental Surgeons of Ontario (“RCDSO”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the...

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21 Aug

Responding to Complaints Before the Ontario College of Pharmacists: A Defence Lawyer’s Perspective

Wednesday, August 21, 2019Lad KucisLitigation, Health LawDisciplinary Hearing, Ontario College of Pharmacists, Pharmacy

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As legal counsel for pharmacists, we are regularly asked questions about the complaints process before the Ontario College of Pharmacists (“OCP”).

Although the regulatory framework governing complaint matters is quite extensive, the following is the essential information that pharmacists need to know.

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13 Aug

Discipline Matters Before the College of Dental Hygienists of Ontario (CDHO): A Defence Lawyer’s Perspective

Tuesday, August 13, 2019Lad KucisLitigation, Health LawCollege of Dental Hygienists of Ontario, Complaints, Dental Hygienists, Inquiries, Complaints and Report Committee, Disciplinary Hearing, Ontario

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As legal counsel for dental hygienists, we are often asked questions about what happens when a dental hygienist is referred to the Discipline Committee of the College of Dental Hygienists of Ontario (the “CDHO”).

The following is the essential information that dental hygienists need to know about...

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26 Jul

Cannabis, Compliance, and Trust

Friday, July 26, 2019Kenneth Jull, Jonathan James NehmetallahCannabis, LitigationCannabis Laws, Compliance, Marijuana

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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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22 Jul

The New FSRA and its Potential Impact on Licensed Service Providers in the Health Care Sector

Monday, July 22, 2019Lad KucisHealth Law, Litigation

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On June 8, 2019, the Financial Services Regulatory Authority of Ontario (“FSRA”) came into existence, replacing the Financial Services Commission of Ontario (“FSCO”) and the Deposit Insurance Corporation of Ontario (“DICO”).

Among its various tasks, FSRA will be responsible for...

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