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Court Of Appeal For Ontario Clarifies The Authority To Order Non-Party Costs
On March 3, 2017, the Court of Appeal for Ontario released its decision in 1318847 Ontario Limited v. Laval Tool & Mould Ltd., 2017 ONCA 184.
Fogler, Rubinoff LLP
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Does The Duty Of Good Faith Create An Obligation To Agree To Extensions Of A Closing Date?
Since 2014, the Supreme Court has released a trilogy of cases finding and expanding on the duty of good faith in contractual performance.Fogler, Rubinoff LLP - Article
A New (and Needed) Cyber-Tort Emerges: Harassment In Internet Communications Caplan v. Atas, 2021 ONSC 670
Ever since the first great technological discovery (fire), humans have learned that any technology can be used for both good (cooking, heating) and bad (arson).Fogler, Rubinoff LLP - Article
A Bird's Eye View Of The Protect Ontario By Unleashing Our Economy Act, 2025
The Act aims to protect Ontario from global economic uncertainty by enacting measures that the government believes will stimulate Ontario's economy.Fogler, Rubinoff LLP - Article
Bill 36 — Approach To Cannabis Retailing In Ontario
The Attorney General introduced Bill 36 on September 27, 2018. This Bill, if enacted, would make significant changes to the previous Government's approach ...Fogler, Rubinoff LLP - Article
Gitxaala: A New Era For Enforcing UNDRIP Rights?
The British Columbia Court of Appeal's recent decision in Gitxaala v British Columbia (Chief Gold Commissioner) ("Gitxaala") dramatically increases the ability of Indigenous rights and title holders...Fogler, Rubinoff LLP - Article
The Court Of Appeal For Ontario Sets The Record Straight Concerning The Applicability Of The Tarion Addendum In Residential Agreements Of Purchase And Sale
In its release of the highly-anticipated decision in Ingarra v. 301099 Ontario Limited (Previn Court Homes), 2020 ONCA 103 on February 11, 2020 (the "Appeal Decision"), the Ontario Court of...Fogler, Rubinoff LLP - Article
Businesses Beware: Depreciation In Goodwill Claims Not Bound By Industry Lines
The FCTD recently released Toys "R" Us (Canada) Ltd v Herbs "R" Us Wellness Society, in which it considered whether a cannabis company, Herbs "R" Us Wellness Society, had breached Sections 20, 7(b) and 22 ...Fogler, Rubinoff LLP - Article
Lawyers In A Digital Age: An Emergent Duty Of Technological Competence In Ontario?
August 1981 marked the 40th anniversary of the IBM PC.Fogler, Rubinoff LLP - Article
Beyond The Purchase Price: Evaluating Leasing Risks In Commercial Acquisitions
The acquisition of commercial real estate in Ontario presents complex legal and financial considerations, particularly where properties are subject to existing leasesFogler, Rubinoff LLP - Article
Registration Refused: How Adjudication In Ontario's Cannabis Licencing Regime Is Leaving Store Operator And Manager Hopefuls High And Dry
The sale and use of cannabis in Ontario has been a hot topic in recent years, all the more so after the Cannabis Act legalized the recreational use of cannabis on October 27, 2018, and the...Fogler, Rubinoff LLP - Article
Recap Of The OSC's Seminar: COVID-19 - Continuous Disclosure Obligations And Considerations For SMEs
The Ontario Securities Commission (the "OSC") hosted a presentation entitled "Continuous Disclosure Obligations and Considerations for Small and Medium Enterprises" ("SMEs") on May 6, 2020 (the "Presentation").Fogler, Rubinoff LLP - Article
'Material Change', Materially Changed? Taking A Closer Look At Markowich V. Lundin Mining Corporation
What counts as a "material change" in a company's "business, operations, or capital" and when must it be disclosed?Fogler, Rubinoff LLP - Article
How Canada's Proposed Private Sector Modernized Privacy Law And New AI Systems Law Will Impact Canadian Businesses
On June 16th, ISED Minister Champagne introduced Bill C-27, the Digital Charter Implementation Act, 2022....Fogler, Rubinoff LLP - Article
Survival Guide For Condo Directors – Phase 1
The condominium legislation in Ontario is undergoing massive changes.Fogler, Rubinoff LLP - Article
Case Brief On Kebaowek First Nation v Canadian Nuclear Laboratories, 2025 FC 319
In late 2024, the nuclear safety commission staff used the lack of explicit United Nations Declaration on the Rights of Indigenous Peoples[1] language in their governing statute as a reason for not considering or applying it during recent consultation.Fogler, Rubinoff LLP - Article
Innovative Regulatory Approaches To Indigenous Rights In Canada's New Nuclear World
Durham Region is Canada's nuclear energy epicentre and generational projects are underway. The Region is on the traditional and treaty territory of four Michi Saagiig Nations...Fogler, Rubinoff LLP - Article
Primer On CRA's Collection Powers And Its Effect On Secured And Unsecured Creditors
The Canada Revenue Agency has several collection powers under the Income Tax Act ("ITA") and the Excise Tax Act to ensure the remittance of taxes.Fogler, Rubinoff LLP - Article
Living In Splendid Isolation: Ten Lessons Learned Enforcing An Ontario Judgment In Mexico
This article presents a cautionary tale for any person who wishes to take legal proceedings against an individual or company resident in Mexico.Fogler, Rubinoff LLP - Article
Best Writers, Best Lawyers: Tips On How To Be Both
Despite his antique gender exclusion, Lord MacMillan was right.Fogler, Rubinoff LLP
