A Payment Plan Does Not Equal a New Contract

When parties enter into a transactional contract, they are free to enter into a payment plan agreement for outstanding debt owed under the contract.  However, the payment plan itself does not necessarily mean that the parties have entered into a new binding contract. Such was the case in Songbird Life Sciences Inc. v. Connectus Services …

Canada Amends Prohibition on Foreigners Acquiring Residential Real Estate to Protect Investment and Development Deals

This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca). At the beginning of the year, a new statute was introduced to address housing supply woes for Canadian citizens. However, after a few short months, the legislation has inadvertently sunk a number of development and real estate investment deals and …

U.S. Marketing Materials Can and Will Be Used Against You in a Canadian Court

Health Canada determined that Texas-based LE-VEL BRANDS, LLC (“Le-Vel”), broke the law by selling its weight loss products to Canadians without seeking product licenses for their natural health products. The products had been distributed in Canada for some time, and Health Canada had flagged no health concerns. In deciding to issue a stop-sale order, Health Canada relied upon …

A Bridge Too Far: Liability in Ontario for “Intrusion Upon Seclusion” Limited

The Ontario Court of Appeal (the “Court”) recently released three decisions in class actions about expanding on the tort of intrusion upon seclusion. The Court limited the tort’s application, particularly concerning parties who do not commit the “intrusion.”  This is consistent with other recent Ontario decisions, including another appeal decision in a class action recently …

Canada Introduces New Prohibition on Foreigners Purchasing Residential Real Estate: What You Should Know And How to Protect Yourself

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 …

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 …

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 …