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Torkin Manes LegalWatch

The Top 5 Mistakes Made on Judicial Review Applications in Ontario

Marco P. Falco As judicial resources become scarce, provincial governments are looking evermore to administrative tribunals to adjudicate disputes.
Sep 8, 2021
Novel Coronavirus (COVID-19)

Mandatory Vaccination Policies Required for Ontario Retirement Homes

Lisa Corrente On August 17, 2021, Ontario’s Chief Medical Officer of Health issued Directive #6 pursuant to the Health Protection and Promotion Act mandating hospit...
Sep 1, 2021
Article

New Ontario not-for-profit legislation, business registry

Linda J. Godel and Alexandra Zavalunov The Lawyer’s Daily On Aug. 17, 2021 the Ontario government announced that the Ontario Not-for-Profit Corporations Act (ONCA) will finally be proclaimed into force effect...
Sep 1, 2021
Torkin Manes LegalPoint

Open Toronto Businesses Must Have a COVID-19 Vaccination Policy

Peter C. Straszynski Many of our clients have been inquiring about the implementation of workplace vaccination policies.
Aug 27, 2021
Torkin Manes LegalWatch

Is there a “Plausible Inference of Liability”? If so, you Should Start Your Lawsuit Now

Marco P. Falco In most provinces across Canada, a party has two years to start a civil action. This two-year limitation period is triggered the moment the plaintiff ...
Aug 25, 2021
Torkin Manes LegalPoint

Ontario Not-for-Profit Corporations Act – Transition and Next Steps

Linda J. Godel and Alexandra Zavalunov As we reported last week, the Ontario government announced that, after almost 11 years, the Ontario Not-for-Profit Corporations Act (ONCA) is finally ...
Aug 24, 2021
Novel Coronavirus (COVID-19)

Mandatory Vaccination and Your Workplace

Peter C. Straszynski With the distribution of the COVID-19 vaccine well underway, many Canadian employers are thinking about introducing vaccination policies into their wo...
Aug 24, 2021
Novel Coronavirus (COVID-19)

Ontario Expands Mandatory COVID-19 Vaccination Policies For High-Risk Settings

Lisa Corrente On July 1, 2021, a Directive issued by the Minister of Long-Term Care pursuant to the Long-Term Care Homes Act, 2007 required Ontario long-term care h...
Aug 18, 2021
Torkin Manes LegalPoint

Ontario Not-For-Profit Corporations Act is Finally Coming into Force!

Linda J. Godel The Ontario government announced today that the Ontario Not-for-Profit Corporations Act (ONCA) is being proclaimed into force effective October 19, 20...
Aug 17, 2021
Article

How a plaintiff proves breach of good faith in a commercial contract

Marco P. Falco The Lawyer’s Daily In 2020, the Supreme Court of Canada in CM Callow Inc. v. Zollinger, 2020 sec 45 reinvigorated the duty of honest contractual performance, i.e. the ob...
Aug 16, 2021
Torkin Manes LegalPoint

Privacy in Civil Sexual Assault Cases

Loretta P. Merritt Privacy is often, but not always, a concern to plaintiffs in civil sexual assault cases. This article will discuss keeping the plaintiff’s identity co...
Aug 13, 2021
Torkin Manes LegalWatch

How to Prove Breach of Good Faith in a Commercial Contract

Marco P. Falco In 2020, the Supreme Court of Canada reaffirmed that parties to a contract have a duty not to “lie or otherwise knowingly mislead each other about mat...
Jul 27, 2021
Torkin Manes LegalWatch

Has Your Home Updated its MAiD Policy? Recent Legal Developments in Medical Assistance in Dying

Lisa Corrente In 2015, the Supreme Court of Canada ruled in the Carter decision that sections of the Criminal Code which made it illegal for anyone, including a phy...
Jul 15, 2021
Article

Pitfalls of appeals and judicial reviews: What every litigator needs to know

Marco P. Falco The Lawyer’s Daily The idea of embarking on a civil appeal or application for judicial review can be daunting for the unversed lawyer.
Jul 8, 2021
Article

The Advancing Oversight and Planning Ontario’s Health System Act, 2021; The Proposed Regulation of Personal Support Workers, Physician Assistants and Behaviour Analyst

Lindsay Kantor Risk Management in Canadian Health Care Every day, thousands of Ontarians receive vital care from unregulated health care providers including personal support workers (“PSWs”), physician ass...
Jun 23, 2021
Torkin Manes LegalPoint

Important Changes for Ontario Business Corporations Take Effect on July 5, 2021

Michael J. Hanley Effective Monday, July 5, 2021 corporations governed by the Business Corporations Act (Ontario) (“OBCA”) will no longer be required to have any Canadi...
Jun 22, 2021
Article

Supreme Court doesn't let father who left country off the hook for $170,000 in child support

Adam N. Black Special to Financial Post Last September, the Supreme Court of Canada confirmed a parent’s ability to make a retroactive claim for child support. Focusing on the child’s best i...
Jun 21, 2021
Torkin Manes LegalWatch

The Failure to Object in the Lower Court: Is it Fatal to Your Appeal?

Marco P. Falco For decades, the Ontario Court of Appeal has held that, as a general rule, it will not hear appeals from aspects of the lower Court proceeding to whic...
Jun 21, 2021
Article

Raising new issues on appeal

Marco P. Falco The Lawyer’s Daily After a lower court proceeding, lawyers may be tempted to devise new arguments on appeal in the hope of having an unfavourable decision overturned. Ho...
Jun 14, 2021
Article

Appellate Litigation and Judicial Review: A Litigator’s Most Common Mistakes

Marco P. Falco The prospect of embarking on an appeal or application for judicial review from a Tribunal proceeding or a motion, application or trial can be daunting...
Jun 10, 2021
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