This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). In the latest attempt to curb the price of residential real estate in Canada, Parliament has introduced a new statute aimed at making housing more affordable and accessible to Canadians. The Prohibition on the Purchase of Residential Property by Non-Canadians Act, S.C. …
Two New Decisions Shed Light on When Claims Can (and Cannot) Be Commenced
If you ask most lawyers and potential litigants which issue causes them to lose the most sleep at night, the answer will most often be missing a limitation period. After all, no matter how much money is at stake in a lawsuit or no matter how egregious the facts are if a claim is not …
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2023 HR Checklist for Ontario Employers
New for 2023 Effective January 1, 2023, private companies incorporated in Ontario must establish and maintain a Register of individuals with significant control (“ISCs”). Significant Control means a direct or indirect interest in a significant number of corporation shares. Significant Number means shares carrying 25% or more of all voting rights or 25% or more …
Good News for Creators: Canada Extends Copyright Term
Just under the wire, before the end of 2022, Canada enacted a significant change to its copyright law. December 30 was fixed[1] as the day on which section 281 of the Budget Implementation Act, 2022, No. 1 came into force. The result: copyright protection under the Copyright Act of Canada was extended from 50 years …
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Entire Agreement Clauses Do Not Preclude Claims for Pre-Contractual Negligent Misrepresentations
In a recent decision, the Ontario Court of Appeal again held that an entire agreement clause in a contract is not a complete defence to claims involving pre-contractual misrepresentation claims. This decision comes on the heels of 10443204 Canada Inc. v. 2701835 Ontario Inc., 2022 ONCA 745, where the Court of Appeal ruled that an entire …
Toronto’s New Vacant Home Tax – Deadline Fast Approaching
Toronto’s New Vacant Home Tax is an annual tax that will be levied on vacant Toronto residences starting in 2023. The Bylaw supporting the new vacant home tax came into effect on January 1, 2022, and the tax will become payable in 2023. Background The Vacant Home Tax aims to help address the current housing …
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Supreme Court Limits Government’s Ability to “Constructively Take” Land
This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). In a recent and long-awaited ruling, the Supreme Court of Canada has delivered an important decision on the de facto expropriation of land. In Annapolis Group Inc. v Halifax Regional Municipality, the Supreme Court opined on situations where the state …
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Coming to Canadian Patents on October 3, 2022: Excess Claims and Continued Examination Fees
The Canadian government has now announced that October 3, 2022, is the date on which significant changes to the Canadian Patent Rules, which we had previously reported, will come into force. The changes will streamline examination procedures by instituting excess claims fees, by instituting a procedure for requesting continued examination, and by introducing conditional notices …
Bad Reviews – Defamation or Not?
With social media, the number of defamation cases has increased. What is defamation? In a nutshell, it means that someone has written something about you that jeopardizes your reputation. Take the following example: “The restaurant at “X” is terrible, and I encountered food poisoning last time I was there”. Suppose the owner of the restaurant …
Brace Yourself – Quebec’s Bill 96 Proposes Substantial Changes to French Language Laws
What happened? The Quebec Government made waves when they tabled Bill 96 – An Act respecting French, the official and common language of Quebec, on May 13, 2021. The bill amends the province’s Charter of the French Language by instituting some broad and significant changes to Quebec’s language laws. Once passed, Bill 96 would affirm …