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Article

Shareholder actions for loss of share value: Evolution of Ontario corporate law

Marco P. Falco The Lawyer's Daily Does a shareholder have a personal cause of action where harm is done to her personally as a result of a loss in company share value? This is the seco...
Sep 24, 2020
Article

Clouds without borders: the dangers of non-localized cloud contracts

Lisa R. Lifshitz Canadian Lawyer It’s an exciting time in your organization. Your business has completed its due diligence and has found the perfect service provider, located in anoth...
Sep 23, 2020
Article

Mergers and Acquisitions in the Cannabis Retail Space

Andrew J. Wilder and Jonathan Mahoney Business of Cannabis The end of the lottery process in Ontario and the opening-up of cannabis retail to the public at the beginning of 2020 has led to many more cannabis r...
Sep 22, 2020
Torkin Manes LegalWatch

How do Canadian Courts Determine a Statute’s Purpose? The Role of “Soft Law”

Marco P. Falco One of the key factors a Court has to take into account when interpreting legislation is the Act’s purpose.
Sep 21, 2020
Article

Shareholder actions for loss of share value: Are they now possible?

Marco P. Falco The Lawyer's Daily At common law, a corporation has always been treated as a discrete legal entity from its shareholders. The rule in Foss v. Harbottle (1843), 67 E.R. 1...
Sep 18, 2020
Torkin Manes LegalPoint

Ontario Government Extends Lay-Off Periods and Provides Further Temporary Relief Under the ESA

Daniel Pugen and Shreya Patel With the stated goal of protecting jobs and businesses, the Ontario government has extended the timeline for when temporary lay-offs are deemed perman...
Sep 11, 2020
Article

Pandemic has forced Ontario courts to embrace the future, but questions over technology use remain

Laurie H. Pawlitza Special to National Post The pandemic has created chaos across the globe in almost every industry and profession. But one silver lining in Canada has been that, despite the tu...
Sep 10, 2020
Article

Faceoff! UK appellate court finds police use of facial recognition technology contravenes laws

Lisa R. Lifshitz Canadian Lawyer In what has been described as one of the world's first successful legal challenges to police use of facial recognition technology, on Aug. 11 the UK C...
Aug 28, 2020
Torkin Manes LegalPoint

Mediating Failed Real Estate Transaction Disputes

Sidney H. Troister, LSM It is not uncommon that buyers or sellers look for ways of getting out of real estate deals. In fact, many mediations involve just that, more often th...
Aug 27, 2020
Article

Courts weighing in on back-to-school disputes between separated parents

Adam N. Black Special to Financial Post Disputes between separated parents over whether or not to send their children back to school in person as the COVID-19 pandemic persists have been at ...
Aug 27, 2020
Article

Cannabis Retail: What's currently going on and what can we expect on the horizon?

Matt Maurer and Andrew J. Wilder Business of Cannabis In less than two years since the legalization of recreational cannabis, there are currently over 1,000 cannabis retail stores open for business across...
Aug 24, 2020
Torkin Manes LegalWatch

Disgorgement of Profit: What Every Defendant Needs to Know

Marco P. Falco At the end of July, the Supreme Court of Canada released a major decision about disgorgement—the remedy that restores the defendant’s “wrongful gain” ...
Aug 18, 2020
Novel Coronavirus (COVID-19)

How much is 'unconscionable'? Why a 2009 decision is suddenly relevant again in high-stakes Ontario separation cases

Laurie H. Pawlitza Special to the National Post The financial fallout from COVID-19 is being felt far and wide, but for some Ontario couples who separated before the pandemic hit, the consequences c...
Aug 17, 2020
Torkin Manes LegalPoint

COVID-19: Extensions Granted for Federal Not-for-Profit Corporations

Linda J. Godel and Lauren Crosby Many charities and non-profits have faced difficulties in holding their annual general meetings (AGMs) due to the restrictions on in-person gatherings...
Aug 10, 2020
Novel Coronavirus (COVID-19)

Ontario’s Long-Term Care COVID-19 Commission Launched Today

Lisa Corrente and David M. Golden Today, the Provincial Government launched an independent commission to investigate the spread of COVID-19 within long-term care homes, including how r...
Jul 29, 2020
Novel Coronavirus (COVID-19)

No Free Lunch: Global Privacy Regulators Set Expectations of Video Teleconference Providers

Lisa R. Lifshitz Canadian Lawyer While the availability of videoconferencing technology has been a salvation for many given the challenges of working remotely during the COVID-19 pand...
Jul 27, 2020
Torkin Manes LegalPoint

A Future and Remote Violation of the Employment Standards Act is Enough to Render an Employment Agreement Unenforceable

Shreya Patel In a recent wrongful dismissal case, the Ontario Superior Court of Justice held that a potential violation of the Ontario Employment Standards Act, 20...
Jul 20, 2020
Article

What Landlords need to know about Bill 184 and prospective amendments to Ontario’s Residential Tenancies Act, 2006

Seth Zuk and Anthony D'Angelo Ontario Real Estate Law Developments, Lexis Nexis On March 12, 2020, Ontario’s Minister of Municipal Affairs and Housing introduced Bill 184, proposing the new Protecting Tenants and Strengthening Co...
Jul 16, 2020
Torkin Manes LegalWatch

Can Shareholders Sue Personally for Losses in Company Share Value?

Marco P. Falco Since 1843, a corporation has been treated as a distinct legal entity from its shareholders. The practical effect of what is known as the rule Foss v....
Jul 15, 2020
Torkin Manes LegalPoint

School Board Liability for Sexual Assaults by Teacher

Loretta P. Merritt An Ontario judge has found a school board vicariously liable for historical sexual abuse of a student by her teacher. This is an important decision as...
Jul 14, 2020
Novel Coronavirus (COVID-19)

How the closed Canada-U.S. border affects binational families

Adam N. Black Special to Financial Post The COVID-19 curve continues to flatten in Canada, while the rate of infection is soaring in the United States. Over the past week, Canadians have see...
Jul 13, 2020
Article

Economic loss and allegedly flawed financial product

Marco P. Falco The Lawyer's Daily Ordinarily, if a person or corporation suffers pure economic harm, the remedy is a claim for breach of contract. This places the wronged party in the ...
Jul 13, 2020
Novel Coronavirus (COVID-19)

COVID-19 Insurance and Healthcare Considerations

Cody F. Dolgay The Canadian health and long term care industries have been hit particularly hard by COVID-19. It would appear that this has not gone unnoticed by ins...
Jul 8, 2020
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