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  • Article

    Gagliano v Gomery And The Attorney General (Canada)

    The Honourable Alfonso Gagliano (the "appellant") appealed the decision of the Federal Court to dismiss his application for judicial review of a report of the Commission of Inquiry into the Sponsorship Program and Advertising Activities (the "Sponsorship Inquiry").
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Genetic Material As Property: Rethinking The Common Law View

    People draft wills to set out their wishes for how their property is to be distributed after they die. Certain items – such as money, real estate, or jewellery – are easily identifiable as "property", and are specifically thought of and addressed when wills are drafted.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Is The Clock Ticking? The Court Of Appeal Discusses Discoverability And The Application Of Section 5(1)(a)(iv) Of The Limitations Act, 2002

    In Gillham v. Lake of Bays (Township), 2018 ONCA 667, a case about the discoverability of claims for damages arising out of construction deficiencies, the Court of Appeal confirmed that all factors...
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Navigating Subrogation In Quebec

    Over the past several years, Senior Associate Marie-Pier Nadeau has handled subrogated claims across Canada.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Out Of Time: The Court Of Appeal Discusses When A Claim Is "Discovered" Within The Meaning Of The Limitations Act, 2002

    When does the limitation clock start ticking?
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Rondel v Robinson Estate

    This appeal challenged the common law position on the inadmissibility of direct extrinsic evidence of a testator’s intention in the face of an unambiguous will.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Security For Appeal Costs: Litigation Tactics Through The Holistic Lens

    In Yaiguaje v. Chevron Corporation, 2017 ONCA 827, a panel of the Ontario Court of Appeal recently reversed, in short order, a decision of one of its members ordering the appellants to pay security for costs.
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Canada’s Anti-Spam Legislation—Post July 1st Recap

    Canada’s anti-spam law (CASL) came into effect on July 1st, and is one of the most stringent anti-spam regimes in the world.
    CanadaPrivacy
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Privacy Breaches: New Mandatory Notification Requirements Under PIPEDA

    On November 1st, 2018 new mandatory breach notification and record-keeping requirements under the PIPEDA and the Breach of Security Safeguards Regulations will come into force.
    CanadaPrivacy
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Aecon Buildings, a Division of Aecon Construction Group Inc. v. Brampton (City)

    A dispute between the City of Brampton and Aecon Buildings arose over the construction of the $46-million Brampton Performing Arts Centre. Aecon claimed damages for breach of contract arising from delays in construction.
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    An Unappealing Proposal: An Obligation To Negotiate In Good Faith?

    Suppose for a moment that in negotiating a lease, the landlord was required to tell a prospective tenant that it had received no offers in the last six months.
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    COVID-19: Commercial Leasing Considerations

    The coronaviruses are a large family of viruses that can cause illnesses ranging from the common cold to more serious respiratory infections. COVID-19 is a form of coronavirus that causes a ...
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Here's The Drill: Five Important Tips For Contractors To Comply With The Prompt Payment Rules Under The Ontario Construction Act

    The Ontario Construction Act (the "Act") introduced the prompt payment rules in October 2019. These rules apply to most construction contracts in Ontario...
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Ontario's New Regulation For Excess Soil

    On January 1, 2021, the On-Site and Excess Soil Management Regulation 406/19 passed by the Province of Ontario under the Environmental Protection Act will come into force in addition to...
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Tax Measures Impacting Employers - Canadian Federal Budget 2015

    Yesterday afternoon, the Canadian government tabled the 2015 Canadian Federal Budget. Two measures are particularly relevant to certain employers.
    CanadaTax
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    The Next Spike: High-Speed Rail Comes To Canada

    The High-Speed Rail Network, officially named "Alto", will operate between Toronto and Quebec City with stops in Peterborough, Ottawa, Montreal, Laval...
    CanadaTransport
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Ontario Declares Emergency And Issues Stay-at-Home Order: What Are The Implications For Employers?

    Ontario has declared a second provincial emergency under the Emergency Management and Civil Protection Act in response to the growing number of COVID-19 cases in the province.
    CanadaCoronavirus (COVID-19)
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    A Cautionary Tale For Insurers: Alberta Court Disqualifies Counsel In Subrogation Context

    The Court reversed the application judge’s decision and removed the insurer’s chosen counsel from all subrogated actions after finding that counsel’s dual role—pursuing subrogated claims in the insured’s name...
    CanadaInsurance
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Law Society Of Ontario Secures Stay In Case Involving Lawyer's Licensing

    The Law Society of Ontario has successfully secured a stay related to the licensing application of a man who admitted to sexually abusing children in 2009...
    CanadaLaw Department Performance
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    The Road To Settlement Is Paved With Admissible Communications

    In a decision released earlier this year, the Ontario Court of Appeal affirmed that "without prejudice" communications are admissible to prove the existence of a settlement, ...
    CanadaLitigation, Mediation & Arbitration
    WeirFoulds LLP
    WeirFoulds LLP

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