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6 Sep

Mitigating Cyber Risk in the Trucking Sector

Wednesday, September 6, 2023Jamal RehmanBusiness Law, Corporate LawTransportation & Logistics, Trucking, Ransomware, Cyber Attack, Cyber Risk, Cybersecurity

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As the transportation, logistics, and supply chain sectors increasingly shift towards the adoption of artificial intelligence, automation...

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6 Sep

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

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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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6 Sep

Bill C-47 Increases Limits of Liability for Marine Accidents

Wednesday, September 6, 2023Rui FernandesCorporate Law, Business LawTransportation & Logistics, Bill C-47, Marine

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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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6 Sep

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

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Federally regulated trucking companies should be aware of changes to the termination provisions under Part III of the Canada Labour...

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14 Aug

Deans Knight Income Corporation v. The King-Case Study

Monday, August 14, 2023Lorne SaltmanBusiness Law, Corporate LawTax & Estate Planning, General Anti-Avoidance Rule (GAAR)

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In the case of Deans Knight Income Corporation v. The King, the Supreme Court of Canada used the opportunity to...

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2 Aug

Commercial Lending Where There is a Limited Partnership

Wednesday, August 2, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Limited Partnership

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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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31 May

What is an Enforceability Opinion and do I need one?

Wednesday, May 31, 2023Zev ZlotnickCorporate Law, Business LawReal Estate

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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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26 Apr

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

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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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15 Mar

PPSA Registrations for a GSA vs for a Guarantee

Wednesday, March 15, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending, Loans

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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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9 Feb

Everest Finance Corporation v. Jonker, 2023 ONCA 87

Thursday, February 9, 2023Zev ZlotnickBusiness Law, Corporate LawReal Estate

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An interesting recent Court of Appeal decision - Everest Finance Corporation v. Jonker...

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26 Jan

Lending Against a Partial Beneficial Interest?

Thursday, January 26, 2023Zev ZlotnickCorporate Law, Business LawReal Estate, Lending

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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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14 Dec

How Do I Get All My Lender Fees?

Wednesday, December 14, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending

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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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8 Nov

Is Your Demand Loan Demandable?

Tuesday, November 8, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Lending, Loans

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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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13 Oct

Mortgage Assumptions and VTBs in a Rising Interest Rate Market

Thursday, October 13, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage

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In light of substantial increases in interest rates, real property purchasers are looking for alternative lending arrangements. Some alternatives include...

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21 Sep

Using Corporate Structures to Invest in Real Estate

Wednesday, September 21, 2022Parish BhumgaraBusiness Law, Corporate LawLimited Partnership

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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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13 Sep

How Do I Lend to LPs & REITs?

Tuesday, September 13, 2022Zev ZlotnickBusiness Law, Corporate LawLending, Commercial Real Estate

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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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23 Aug

1-Minute Read for Commercial Mortgage Lenders: Beneficial Ownership vs. Registered

Tuesday, August 23, 2022Zev ZlotnickBusiness Law, Corporate LawReal Estate, Mortgage, Lending

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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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20 Jan

Update: New Reporting Requirements For Trusts

Thursday, January 20, 2022Greg Farano, Lindsay Ann Histrop, Ian SpiegelBusiness Law, Corporate LawTrusts

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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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14 Oct

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

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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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26 Aug

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

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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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19 Aug

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

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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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14 May

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

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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 ...

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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

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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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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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21 Jun

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

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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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23 Oct

Evolution of the Shareholders’ Agreement in Canada

Monday, October 23, 2017Peter MoffattBusiness Law, Corporate LawShareholders’ Agreement

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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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25 Sep

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

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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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26 Jul

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

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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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