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  • Article

    New Limits, New Life: Understanding CSA's Blanket Order 45-935

    Canada's capital markets are undergoing a period of regulatory modernization. The Canadian Securities Administrators ("CSA") have introduced a series of targeted reforms aimed...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Plaintiffs Unable To Establish Terms Of Contract And Entitlement To Funds Paid To Trucking Company

    Business relationships between different parties are generally governed by contracts.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
Article

The Right And The Wrong Way To Seek Remediation Agreements

Robert Frost wrote that "Two roads diverged in a yellow wood, And sorry I could not travel both." The legislation for deferred prosecution agreements (DPAs /remediation agreements)
CanadaCriminal Law
Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    Balancing Freedom Of Expression With The Standards Of A Regulated Profession (Peterson V. College Of Psychologists Of Ontario)

    In its highly anticipated decision, the Divisional Court has dismissed Dr. Jordan Peterson's application for judicial review of the November 2022 decision of the Inquiries, Complaints and Reports...
    CanadaEmployment and HR
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Mortgage Granted By Defendant Facing Trial Judgment Set Aside As A Fraudulent Conveyance

    Defendants facing the prospect of an unfavourable ruling at trial should be aware that any conveyances or payments to third parties during that time will be closely examined by the courts to determine...
    CanadaFinance and Banking
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Divisional Court Upholds Integrity Commissioner Decision: Councillor's Pay Suspended For 270 Days

    Politicians are not above the law. Indeed, they occupy a position in our democratic society which obligates them to behave with the utmost integrity and in accordance with the office they represent.
    CanadaGovernment, Public Sector
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Leave Required To Sue Representative Of Trustee In Bankruptcy

    Trustees in bankruptcy are granted protection from civil claims for acts and omissions under the Bankruptcy and Insolvency Act ("BIA"), as the statute requires that a plaintiff obtain leave...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Has The Court Of Appeal Made It Harder To Succeed On A SLAPP Motion In A Defamation Case? (Benchwood Builders Inc. v. Prescott)

    For many years, I have written about defamation cases and SLAPP motions in which defendants have sought the early dismissal of defamation actions under section 137.1...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Mortgage Proceeds Paid To Fraudster's Lawyer, In Trust, Covered Under Title Insurance Policy

    Thanks to the ability to produce believable fake identity documents, real estate fraud continues to plague Ontario and to cause headaches for lawyers.
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Mortgagee Can Discharge Certificate Of Pending Litigation To Enable Power Of Sale (MCAN Home Mortgage Corporation v. Broad)

    Where litigation concerns an interest in land, a party may seek to register a certificate of pending litigation ("CPL") on title to the property at issue under section 103 of the Courts of Justice Act (the "CJA").
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Squatter Gains Ownership Of Municipal Parkland In Toronto (Kosicki V. Toronto (City))

    In Ontario, the law recognizes that a squatter can gain legal ownership of the land of the true owner in certain limited circumstances. The squatter must have (i) continuously occupied the true owner's land...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Town's Short-Term Rental By-Law Enforceable Against Tenant (Munir v. Garg)

    Platforms such as Airbnb and VRBO allow property owners to rent their property to others on both a long-term and short-term basis. These platforms essentially increase the number of rooms...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Advice Is (Not) Cheap: Tax Advisor Found Negligent For Overlooking GAAR Risks

    Tax advisors play a crucial role in navigating the complexities of the Income Tax Act (Canada)[1] (the "ITA") and its regulations by leveraging their expertise...
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    BEPS Action 1, Pillar 1 And Pillar 2 A Canadian Perspective

    Amount A applies to companies with global turnover above €20 Billion, and profitability above 10%.
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    New Reporting Requirements For Trusts

    On July 27, 2018, the Department of Finance released draft legislation for new trust reporting requirements commencing in 2021, and following an announcement in the 2018 Federal Budget.
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Mortgage Provided By Corporate Borrower Not A "fraudulent Instrument"

    The Ontario Land Titles Act ("LTA") provides that a registered mortgage that is determined to be a fraudulent instrument is void and may be deleted from title.
    CanadaFinance and Banking
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Potentially Fake App Messages Result In Appeal From Firebombing Conviction

    We have previously addressed the concerns of a civil court judge about the perils of having to deal with "fake news" in the form of spoofed emails and electronic documents.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Buyer Failed To Complete Real Estate Transaction As Required By Time Is Of The Essence Clause (Correa V. Valstar Homes)

    Real estate purchase transactions generally require that the parties be in a position to complete their obligations by a set closing date. In many cases, the agreement between the parties...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Competition In The Transportation Industry And Recent Amendments To The Competition Act

    Over the last five years, there has been a rising concern by consumers about the cost of goods and services linked to the transportation industry.
    CanadaAntitrust/Competition Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Bank Hit With $850,000 Damages Award For Defaming Former Employee (Curtis V. Bank Of Nova Scotia)

    n any civil action, evidence is important for the purposes of either proving or defending against a claim. While in most cases, the onus rests on the plaintiff to prove their claim on a balance of probabilities,.
    CanadaCriminal Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Showing 861–880 of 1020 results

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