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  • Article

    Appealing To The Supreme Court Of Canada From A Refusal Of Leave To Appeal By A Provincial Court Of Appeal

    Readers may recall that in R. v. Comeau, 2016 NBPC 3 in which we are acting for M. Comeau, the New Brunswick provincial court dismissed the charges against M. Comeau under s. 134(1)(b) of the Liquor Control Act...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Recent Treatment Of Letters Of Request From U.S. Courts By The Ontario Court Of Appeal

    Two recent decisions of the Court of Appeal illustrate the considerations that will guide a court to accept or refuse to issue an Order giving effect to Letters of Request.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
Gardiner Roberts LLP
  • Article

    The Ontario Government's Response To COVID-19: An Overview

    Ontario is now two weeks into its emergency response to the COVID-19 pandemic that has gripped the world and caused economic havoc.
    CanadaCoronavirus (COVID-19)
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Complaint Reviews At The Health Professions Appeal And Review Board (HPARB): The Essential Information (2025 Update)

    As legal counsel acting for all types of regulated health professionals (i.e. pharmacists, chiropractors, massage therapists, etc.) we are regularly asked questions about complaint...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Looking Ahead To 2026: Freight Brokers, Motor Carrier Casualty Claims And The United States Supreme Court

    The United States Supreme Court does not usually rule on transportation cases. A case currently being "briefed" (that is, legal arguments are being filed) is now before the United States Supreme...
    GlobalLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Highlights Of Recent Energy Developments

    Started as Federal Government response to global warning and to support Paris Accord
    CanadaEnergy and Natural Resources
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Key Changes To The Regulated Health Professions Act: A Primer For Ontario Dentists

    On May 1, 2018, a number of changes to the Regulated Health Professions Act, 1991 came into effect as part of the implementation of the Protecting Patients Act, 2017, including legislative amendments and the introduction of three new regulations.
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Administrative Monetary Penalties In The Afterlife

    Allegations of criminal or regulatory violations are often made in the civil and administrative law world. A securities broker may be alleged to have defrauded investors by making false statements...
    CanadaInsolvency/Bankruptcy/Re-Structuring
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Forced Or Compulsory Labour Laws In Canada

    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 Customs Tariff" received Royal Assent.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Key Changes To The RHPA – A Primer For Regulated Health Professionals

    On May 1, 2018, a number of changes to the Regulated Health Professions Act, 1991 (RHPA) came into effect as part of the implementation of the Protecting Patients Act, 2017...
    CanadaFood, Drugs, Healthcare, Life Sciences
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Highlights Of 2018 Federal And Province Of Ontario Budgets

    New annual reporting requirements for trusts after 2020
    CanadaTax
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Failure To Respond To Foreign Litigation Can Be Risky

    In the complex world of international business, many companies and investors often venture outside of their countries of residence or domicile with the hope of developing new and successful business projects...
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    R. v. Cody: Trial Within A Reasonable Time And Enhancing Efficiency

    In considering whether a stay of charges should be granted in the context of trial within a reasonable time, the seriousness of the offence will not override the rights in issue.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Resolving Statutory Ambiguity Regarding By-law Amendments Under The Not-for-Profit Corporations Act, 2010 (Chifor Et Al. v. Windsor/Essex County Humane Society)

    An Ontario court has clarified a longstanding ambiguity in the Not-for-Profit Corporations Act, 2010, ruling that certain by-law amendments affecting membership rights require approval...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Multiple Wills - Their Use And Drafting Issues

    The use of multiple wills in estate planning is not a new concept.
    CanadaFamily and Matrimonial
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Freight Brokers And Risk Management In The Post-Montgomery World

    The Supreme Court's Montgomery v. Caribe Transport II decision has eliminated a critical preemption defense for freight brokers, exposing them to state law negligence claims for hiring unsafe motor carriers. This ruling creates unprecedented litigation risk and insurance cost implications for both U.S. and Canadian freight brokers operating in interstate commerce, prompting the Transportation Intermediaries Association to petition for federal safety selection standards.
    United StatesTransport
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Solicitor-Client Privilege: Claim For Breach Denied And Argument To Preserve Upheld

    The law of solicitor-client privilege occupies a lot of shelf space in the professions and occupations section of the library.
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    The Clock Starts At Termination: Lessons From Pascuet v. Sky Service F.B.O. Inc.

    The Ontario Superior Court's decision in Pascuet v. Sky Service reaffirms that employees cannot delay wrongful dismissal claims by pursuing actions in incorrect jurisdictions or misunderstanding legal responsibility. This ruling clarifies that the two-year limitation period begins at termination, regardless of whether an employee initially files in the wrong court or fails to appreciate the legal significance of their dismissal.
    CanadaEmployment and HR
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Coming In From The Cold: Deferred Prosecution (Remediation) Agreements In Canada

    We have to live without sympathy, don't we? We can't do that forever. One can't stay out of doors all the time. One needs to come in from the cold.
    CanadaCriminal Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    City Politicians Succeed In Getting Defamation Claim Against Them Dismissed

    Politics can be a rough profession, particularly where the issues being debated attract diametrically opposed views. Some social issues often bleed into steadfastly held religious views.
    CanadaLitigation, Mediation & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
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