Mitigating Cyber Risk in the Trucking Sector
Wednesday, September 6, 2023Jamal RehmanBusiness Law, Corporate LawTransportation & Logistics, Trucking, Ransomware, Cyber Attack, Cyber Risk, Cybersecurity
As the transportation, logistics, and supply chain sectors increasingly shift towards the adoption of artificial intelligence, automation...
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Forced or Compulsory Labour Laws in Canada
Wednesday, September 6, 2023Rui FernandesBusiness Law, Corporate LawTransportation & Logistics, Bill S-211, Canada-United States of America – Mexico Agreement (“Cusma”) , Forced Labour and Child Labour in Supply Chains
On May 11th, 2023 Bill S-211 An Act to enact the Fighting Against Forced Labour and Child Labour in Supply Chains Act and to amend the...
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Bill C-47 Increases Limits of Liability for Marine Accidents
Wednesday, September 6, 2023Rui FernandesCorporate Law, Business LawTransportation & Logistics, Bill C-47, Marine
On June 22nd, 2023 Bill C-47 received Royal Assent. The legislation entitled “An Act to implement certain provisions of the budget tabled in...
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Changes to Termination Notice Period for Interprovincial and Cross-Border Trucking Companies as of February 1, 2024
Wednesday, September 6, 2023Saisha MahilCorporate Law, Business LawTransportation & Logistics, Trucking
Federally regulated trucking companies should be aware of changes to the termination provisions under Part III of the Canada Labour...
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Deans Knight Income Corporation v. The King-Case Study
Monday, August 14, 2023Lorne SaltmanBusiness Law, Corporate LawTax & Estate Planning, General Anti-Avoidance Rule (GAAR)
In the case of Deans Knight Income Corporation v. The King, the Supreme Court of Canada used the opportunity to...
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Commercial Lending Where There is a Limited Partnership
Wednesday, August 2, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Limited Partnership
A limited partnership is a business structure comprised of at least one general partner and one limited partner. General partners are...
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What is an Enforceability Opinion and do I need one?
Wednesday, May 31, 2023Zev ZlotnickCorporate Law, Business LawReal Estate
An enforceability opinion is an opinion that the transaction documents constituting legal, valid, and binding obligations of the underlying entities, enforceable against them in...
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I’m a Lender! How do I get my 3-month Interest Penalty on a Borrower Default?
Wednesday, April 26, 2023Zev ZlotnickBusiness LawReal Estate, Ontario Mortgages Act, Mortgage, Lending
Under Section 17 of the Mortgages Act, R.S.O. 1990, despite any pre-existing mortgage agreement, where a borrower is in default for...
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PPSA Registrations for a GSA vs for a Guarantee
Wednesday, March 15, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending, Loans
Is there a difference between perfecting a general security agreement through a PPSA registration and registering a PPSA in respect of a loan...
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Everest Finance Corporation v. Jonker, 2023 ONCA 87
Thursday, February 9, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate
An interesting recent Court of Appeal decision - Everest Finance Corporation v. Jonker...
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Lending Against a Partial Beneficial Interest?
Thursday, January 26, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending
A beneficial interest is an individual’s right to benefit from assets held by someone else. With respect to real property, it is imperative for a...
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How Do I Get All My Lender Fees?
Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending
In Canada, lenders who take mortgages on real property as security should be mindful of section 8 of the Interest Act (the “Act”) and the...
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Is Your Demand Loan Demandable?
Tuesday, November 8, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Loans
A demand loan is a loan that a lender can require to be repaid by the borrower in full at any time. A demand loan has no term, but is simply repayable...
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Mortgage Assumptions and VTBs in a Rising Interest Rate Market
Thursday, October 13, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage
In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...
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Using Corporate Structures to Invest in Real Estate
Wednesday, September 21, 2022Parish BhumgaraBusiness Law, Corporate LawLimited Partnership
One of the more interesting aspects of corporate law is how it allows for the use of corporate structures to facilitate investment. This article discusses how corporate structures can be used to ...
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How Do I Lend to LPs & REITs?
Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate
Loan transactions commonly involve non-corporate entities such as limited partnerships and Real Estate Investment Trusts (“REITs”). It is important for lenders to...
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1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered
Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage, Lending
Ownership of real property in Ontario is divided into legal or registered title ownership and beneficial ownership. Legal ownership and beneficial ownership...
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Update: New Reporting Requirements For Trusts
Thursday, January 20, 2022Greg Farano, Lindsay Ann Histrop, Ian SpiegelBusiness Law, Corporate LawTrusts
In a previous blog post, we discussed the proposed new T3 Trust Income Tax and Information Return reporting and filing requirements for certain express trusts. These changes
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Ontario Business Registry: Moving Businesses Online
Thursday, October 14, 2021Clifford S. Goldfarb, James M. Parks, Heather KeachieBusiness Law, Corporate Law, Non-Profit and CharitiesNot-for-profit Corporations Act (ONCA), Ontario Business Registry
On October 19, 2021, the Ontario Ministry of Government and Consumer Services (the “Ministry”) will open the online Ontario Business Registry (“OBR”). The registry will
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Ontario Eliminates the Resident Canadian Director Requirement
Thursday, August 26, 2021Eliane Leal da SilvaBusiness Law, Corporate LawOntario Business Corporations Act, Bill 213: Better for People, Smarter for Business Act
The province of Ontario, by Bill 213, Better for People, Smarter for Business Act (“Bill 213”), has revoked subsection 118(3) of the Business Corporations Act (Ontario) (“OBCA”) which requires that...
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SPECIAL RELEASE Re Proclamation of Not-For-Profit Corporations Act, 2010 (Ontario) (the
Thursday, August 19, 2021Clifford S. Goldfarb, James M. Parks, Heather KeachieBusiness Law, Non-Profit and Charities, Corporate Law
The Government of Ontario has just announced that the ONCA will be coming into effect on October 19, 2021. The lengthy delay since...
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The Ontario government continues to modernize the way in which documents can be executed and sworn
Thursday, May 14, 2020Stephen A. Thiele, Lindsay Ann Histrop, Jennifer SearleBusiness Law, Corporate LawCOVID-19, Wills, Powers of Attorney, State of Emergency, Bill 190, Notaries Act, Commissioner for Taking Affidavits Act
The COVID-19 health emergency continues to cause the Ontario government to modernize legislation and to bring it into conformity with ...
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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
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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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)
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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Social Clubs with Share Capital and the ONCA
Thursday, June 21, 2018Clifford S. GoldfarbBusiness Law, Ontario Corporations Act, Non-Profit and Charities, Corporate LawSocial Clubs
Transition Requirements for Share Capital Social Clubs Under the Ontario Corporations Act on Proclamation of the Ontario Not-for-Profit Corporations Act, 2010
There are 148 share capital social clubs currently in existence in the province of Ontario[1]. These are non-profit companies with...
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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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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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Securities Distributions Outside of Canada. A Summary of the OSC's Proposed Rule 72-503
Tuesday, July 26, 2016Kathleen Skerrett, Heather ZordelCapital Markets, Business Law, Securities Law, LitigationOntario Securities Commission, Rule 72-503
The line designating when the Ontario Securities Commission (OSC) will regulate a distribution of securities is being redrawn. The current “rule”, Interpretation Note 1 Distributions of Securities Outside Ontario under a repealed OSC Policy 1.5 (OSC Interpretation Note 1.5) has...
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