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  • Article

    Recent Case Tests Anti-SLAPP Provisions In Condo Forum

    Condominium communities can certainly be a lively forum for negative and destructive comments. Board members and managers are frequently accused of "receiving kickbacks"
    CanadaLitigation, Mediation & Arbitration
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Condominium News – Quick Hits

    On September 20, 2019, the Ministry of Government and Consumer Services (the "Ministry") announced a proposal to change the way in which the forms...
    CanadaReal Estate and Construction
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    OMVIC – A Force For Good, But Improvement Is Needed

    By way of example, imagine you have been in the automotive industry for all of your working career.
    CanadaStrategy
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Is It Time To Adjust Your Gender Lens?

    We are pleased to introduce Forward with Foglers: Trends and Ideas, a new quarterly publication designed to share our perspectives and insights around matters that are important to our clients both inside and outside the boardroom.
    CanadaEmployment and HR
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Hitting The Mark -- Trademark, That Is!

    YOUR DEALERSHIP IS SPECIAL. It is unique. It is a reflection of the hard work of you and your team.
    CanadaIntellectual Property
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Limitations Update: Court Of Appeal For Ontario Confirms That Discoverability Principles Apply To Claims For Contribution And Indemnity

    On May 7, 2018, the Court of Appeal for Ontario released its decision in <em>Mega International Commercial Bank (Canada) v. Yung.
    CanadaLitigation, Mediation & Arbitration
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Why Businesses Of All Sizes In Canada Should Have Privacy Management Programs…If Not Now, Sooner Than Later

    Since November 2020 and despite consensus that reform is necessary, Canada's federal government has struggled to find broad support for its proposed modernization...
    CanadaPrivacy
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Canada Emergency Commercial Rent Assistance Update: Relief Is Almost Here, But Will Everyone Play Ball?

    On May 1, 2020, the Canada Mortgage and Housing Corporation provided its update on the Canada Emergency Commercial Rent Assistance program as the body charged...
    CanadaReal Estate and Construction
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Security For Costs In A Construction Lien Action – When Will A Court Order Security To Be Paid Into Court?

    A lien is an extraordinary remedy which stands as security for a claim for money by the lien claimant. Prior to trial, a valid registered lien can only be lifted from title by posting security...
    CanadaReal Estate and Construction
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Protecting Confidential Information In Canada: Is There A Better Way?

    The British Columbia decision Equustek Solutions Inc. v Jack highlights the difficult, time consuming, and expensive exercise that...
    CanadaIntellectual Property
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Are You Properly Relying On The Private Issuer Exemption To Issue Shares Or Other Securities?

    Many private issuers incorrectly assume that because they are non-distributing companies (i.e. not public), securities laws do not apply to them.
    CanadaCorporate/Commercial Law
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Client Focused Reforms: Upcoming Deadline

    As of December 31, 2021, certain amendments to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (the "Rule") and its Companion Policy,...
    CanadaCorporate/Commercial Law
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Privacy And Property: The Supreme Court Clarifies The Limits Of PIPEDA

    The Supreme Court of Canada has recently released a decision that will help clarify the relationship between legitimate business concerns and the privacy interests of individuals.
    CanadaFinance and Banking
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Trade War Shatters Traditional Approaches To Procurement: The New Buy Canadian Policy

    The procurement rules in Canada are not what they used to be. Whereas traditionally value for money was measured by the simple principle of paying the least amount for the highest value, with no allowances for local preferences, set-asides, or carve-outs based on identity, geography or materials' origin, much of that has been overhauled in just a few years.
    CanadaGovernment, Public Sector
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Ontario Court Of Appeal Affirms Scope Of "Equity Claims" Under The Bankruptcy And Insolvency Act

    Equity claims are often considered the "poor cousin" of creditor claims in insolvency proceedings. They generally rank below creditors...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Can Insurers Deny Coverage For Loss Of Business Income Or Business Interruption Arising From The COVID-19 Pandemic?

    Many businesses in Ontario have been forced to shut their doors by operation of Orders made under the Emergency Management and Civil Protection Act, R.S.O. 1990, c. E.9, as amended (the "Act").
    CanadaLitigation, Mediation & Arbitration
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    Supreme Court Of Canada Clarifies "Material Change": What Issuers Need To Know

    Last Friday, the Supreme Court of Canada released its decision on Lundin Mining Corp v Markowich, dismissing the issuer's appeal and providing clarity on what an issuer should consider when determining whether to disclose a change to the public.
    CanadaLitigation, Mediation & Arbitration
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    No Duty To Mitigate Before You Terminate…Yet: Commercial Landlords In Ontario

    Ontario commercial landlords generally do not have a duty to mitigate losses if a tenant repudiates a lease and the landlord keeps the lease alive.
    CanadaReal Estate and Construction
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    5 Things Canadian Businesses Should Know About The New EU Artificial Intelligence Act

    On March 13, 2024, the European Parliament passed the Artificial Intelligence Act1, marking the arrival of the first comprehensive Artificial Intelligence law established by a liberal democracy.
    CanadaTechnology
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP
  • Article

    CSA Extends The Clock For Crypto Trading Platforms

    On September 26 2024, the Canadian Securities Administrators (the "CSA") announced an extension to the compliance deadline for crypto asset trading platforms ("CTPs")...
    CanadaTechnology
    Fogler, Rubinoff LLP
    Fogler, Rubinoff LLP

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