Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
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 …
Continue reading “Supreme Court Limits Government’s Ability to “Constructively Take” Land”
An entire agreement clause clarifies that the document in which it appears (and any other documents specified) constitutes the whole agreement between the parties. This helps ensure contractual certainty: the parties know that the deal is confined to the four corners of the document. Generally, when a contract contains an “entire agreement” clause, a party …
A recent decision from the Ontario Court of Appeal has confirmed that an arbitrator has jurisdiction to resolve a dispute through a summary judgment motion. The decision confirms that an arbitrator’s discretion is delineated by the arbitration agreement reached between the parties. In Optiva Inc. v. Tbaytel, the parties, Tbaytel (“Tbaytel”) and Optiva Inc. (“Optiva”), …
Continue reading “Arbitrations Can Be Determined by Summary Judgment”
This column was originally published on the Real Estate News Exchange (Renx.ca). In the latest chapter in the commercial tenancy battles caused by the pandemic, Ontario’s highest court has set out the limits on relief from forfeiture of a commercial lease. This time, a major anchor tenant in a shopping mall asked for help after …
This column was originally published on the Real Estate News Exchange (Renx.ca). An important decision from the Ontario Superior Court of Justice has affirmed two important principles: (1) Pre-construction assets should only be transferred when the builder’s consent is obtained; and (2) Parties should never lose sight of the obligation to act in good faith …
On April 11, 2022 new requirements for reporting the electronic monitoring of employees were added to the Employment Standards Act, 2000 (“ESA”). By October 11, 2022, employers with 25 or more employees must have a written policy on electronic monitoring. The 25-employee threshold is based on the number of employees as of January 1, 2022. …
Continue reading “Employee Electronic Monitoring Policy in Ontario”
Introduction On October 3, 2022, the Honourable Melanie Joly, Canada’s Minister of Foreign Affairs, announced that Canada was imposing sanctions on 25 Iranian officials and 9 Iranian entities/organizations that are directly involved with implementing “repressive measures [to] violate human rights and spread the Iranian regime’s propaganda and misinformation.”[1] This announcement comes just one week after …
Continue reading “Canada Sanctions Iranian Officials for ‘Systematic Human Rights Violations’”
If you ask most litigators which aspect of their practice keeps them awake at night, nine times out of ten, the answer will be missing a limitation period. This is a valid worry, of course. After all, if the deadline to commence a claim is missed, even by a short window, not only do our …
Continue reading “The Dire Consequences of Failing to Immediately Disclose a Settlement Agreement”
Introduction On July 20, 2022, the United States (“US”) and Canada requested dispute settlement consultations with Mexico under Article 31.4 of the United States-Mexico-Canada Agreement (“USMCA”). The US and Canada’s request for consultations arises from Mexico’s new energy policies, which the US and Canada allege favours Mexican state-owned enterprises, Federal Electricity Commission (“CFE”) and Petróleos …
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 …