ArticlePriorities Matter – But That's Not All That Matters!Often, when the parties to a financing are discussing priorities or intercreditor arrangements, there tends to be a simplistic view taken of these agreements.CanadaFinance and BankingWeirFoulds LLP
ArticleAlberta v Elder Advocates Of Alberta SocietyIn this unanimous decision of the Supreme Court of Canada, the court determined that there is no fiduciary duty owed by the government to the plaintiffs. CanadaGovernment, Public SectorWeirFoulds LLP
ArticleR v CôtéThis majority decision considers the revised approach to the exclusion of evidence, as set out in R v Grant 2009 SCC 32, and marks an important development in the case law dealing with the protection of rights under s. 24(2) of the "Canadian Charter of Rights and Freedoms". CanadaGovernment, Public SectorWeirFoulds LLP
ArticleSazant v. College Of Physicians And Surgeons Of OntarioIn this case the Divisional Court upheld the constitutionality of search and seizure provisions embedded within more than 60 provincial statutes. CanadaGovernment, Public SectorWeirFoulds LLP
ArticleA Society Devoted To The Art Of Legal WritingScribes is an American society whose goals include the creation of an interest in writing about the law, and above all, the promotion of a clear, succinct and forceful style in legal writing.CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleAguas v Rivard EstateThe appellant commenced an action on October 6, 2003, against Curtis Rivard following a motor vehicle accident. CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleCojocaru (Guardian Ad Litem) v British Columbia Women's Hospital and Health CenterAfter a 30-day trial, the trial judge awarded over $5 million to the plaintiffs for injuries caused during child birth. However, the trial judge's reasons consisted largely of a reproduction, without attribution, of the plaintiffs' written closing submissions. CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleCommercial Litigation Insights: Navigating Legal And Ethical Duties In Business PartnershipsIn a recent decision by the Ontario Court of Appeal, 7868073 Canada Ltd v 1841978 Ontario Inc, 2024 ONCA 371 ("786"), the Court emphasizes the importance of honouring contractual agreements, maintaining fiduciary.CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleProposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To ArbitrateIn Heller v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between...CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleProposed Class Action Against Uber Stayed: The Court Enforces The Parties' Agreement To ArbitrateIn Heller v. Uber Technologies Inc. et al., 2018 ONSC 718, the Ontario Superior Court (Perell, J.) stayed a proposed class action against several Uber entities because the agreements between...CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleSignificant Changes To Rule 76 Simplified Procedure Actions Are HereAmendments to Rule 76 of the Rules of Civil Procedure were filed on October 23, 2019. These amendments, effective January 1, 2020CanadaLitigation, Mediation & ArbitrationWeirFoulds LLP
ArticleMay v CBC/Radio Canada et alPursuant to the Canada Elections Act, the CRTC is required to issue a set of guidelines with respect to the conduct of broadcasters during a general election within four days of the election writ being dropped. CanadaMedia, Telecoms, IT, EntertainmentWeirFoulds LLP
ArticleHere's The Drill: A Reminder For Contractors: Are Your Invoices Actually "Proper"?It has been a few years since the prompt payment rules in Ontario's Construction Act were introduced to the province's construction industry.CanadaReal Estate and ConstructionWeirFoulds LLP
ArticleHere's The Drill: The New Owner-Architect Contract Released By The Ontario Association Of Architects: The OAA 600-2021As part of its new suite of 2021 contract documents, the Ontario Association of Architects (OAA) has released an updated version of its widely used standard form contract for architectural services.CanadaReal Estate and ConstructionWeirFoulds LLP
ArticleRooftop Solar Panels: Leased Property ConsiderationsA number of landlords, owners and tenants are installing rooftop solar panels on commercial properties. CanadaReal Estate and ConstructionWeirFoulds LLP
ArticleQuebec (Attorney General) v CanadaIn this case, the Supreme Court of Canada held that the federal government was not obligated to share in historical costs relating to two distinct social services that were provided by the province of Quebec under the "Canada Assistance Plan", RSC 1985, c C-1 ("CAP"). CanadaStrategyWeirFoulds LLP
ArticleUpdate On Those Damn Flipping RulesThe August 9, 2022 draft amendments to the Income Tax Act (Canada) include provisions to give effect to the residential property flipping rule first introduced in Budget 2022.CanadaTaxWeirFoulds LLP
ArticleLandmark RCMP Seizure Of Over $56 Million In Cryptocurrency From TradeOgreThe RCMP recently executed the largest cryptocurrency seizure in Canadian history, confiscating over CAD $56 million in digital assets from the online trading platform TradeOgre. CanadaTechnologyWeirFoulds LLP
ArticleNational Cyber Security Awareness Month: 10 Tips For BusinessesThe campaign aims to bring awareness to the wide scope of concerns that the term cybersecurity covers, including internet security, privacy, mobile safety, distributed denial-of-service (DDoS) attacks...CanadaTechnologyWeirFoulds LLP
ArticleTo Use Or Not To Use: Navigating Privacy Risks Associated With Generative AI ToolsBy now, you may either have heard of generative artificial intelligence (AI) tools or put them to the test yourselves. Generative AI tools like ChatGPT, Cohere, and DALL-E2 are popular tools...CanadaTechnologyWeirFoulds LLP