Critical Ontario Appeal Decision on Preservation of Property

Preservation of property during litigation is dealt with under rule 45 of the Ontario Rules of Civil Procedure. The traditional test under rule 45 was designed for situations where the thing being preserved was the subject of the litigation, such as an asset over which ownership was disputed. This test was not appropriate for all …

UPDATE (March 1, 2021) – New COVID-19 Public Health Measures in Effect in Ontario

On March 1, 2021, new public health measures to limit the spread of COVID-19 went into effect in Ontario. These measures represent the Government of Ontario moving multiple public health regions to new levels of its COVID-19 Response Framework. Simcoe Muskoka District and Thunder Bay District move back to the grey zone (lockdown) due to …

Federal Government Proposes Overhauling Canada’s Rules for Corporate Consumer Privacy Measures

Introduction On November 17, 2020, Canada’s federal government introduced a bill to enact new legislation to strengthen protections for individuals from privacy loss due to the failures and limitations of corporate consumer privacy measures. The proposed legislation, known as the Consumer Privacy Protection Act (“CPPA”), would be the first major overhaul of Canada’s privacy law …

Trezzi v. Trezzi: Can You Gift Assets You Do Not Own?

The Ontario Court of Appeal recently upheld a gift made to beneficiaries under a will, despite the assets being owned by a corporation, and not the deceased himself.  This is an important decision that will affect estate planning and will construction.  In particular, testamentary gifts that may previously have failed may now be valid. In …

Canada Sanctions Belarusian Officials for ‘Gross and Systematic Human Rights Violations’

On September 29, 2020, the Government of Canada imposed sanctions on several officials representing the Government of Belarus under the Special Economic Measures Act (SEMA), including Belarusian President Aleksandr Grigoryevich Lukashenko. According to Government Affairs Canada, the sanctions are part of a broader diplomatic effort in the wake of “a systematic campaign of repression and …

UPDATED: Ontario Court of Appeal Sends Employers Back to the Drafting Table … AGAIN!

On June 17, 2020, the Court of Appeal for Ontario released its decision in Waksdale v. Swegon North America Inc., (“Waksdale”) 2020 ONCA 391, delivering a seismic victory for employees, upending decades of practice in drafting employment agreements, and sending companies scrambling to bring their agreements into compliance with the new reality. Drafting Employment Contracts before Waksdale …

A Look at New and Recent Fiduciary, Diversity and Corporate Filing Rules for Federal Corporations

Companies governed by the Canada Business Corporations Act (the “CBCA”) should be aware and mindful of recent amendments to the CBCA related to directors’ and officers’ fiduciary duties and diversity disclosure requirements with consequential filing obligations. Some of the amendments are already in place, others will come into force in January 2020 and the balance …