Focus On



Friday, September 18, 2020 @ 2:36 PM

Tips for successful virtual mediation Online meeting

Virtual mediations are here to stay, at least for the foreseeable future. Undoubtedly, there are benefits to virtual mediation, such as the comfort of home, cutting out travel as well as room fees, and ease of scheduling. Luckily for lawyers and clients alike, virtual mediations are not all that different from in those conducted in person. Nonetheless, now that they have become commonplace, it is important to know and get used to some of the new wrinkles virtual mediations can present. ... [read more]

Friday, September 18, 2020 @ 2:16 PM

Directors’ liability: Cascading assessments Magnifying glass and calculator

Subsections 160(1) and 227.1(1) of the Income Tax Act (the ITA) are anti-avoidance provisions that transpose liability from one taxpayer to another. Section 160 of the ITA allows the minister to collect tax owing from one individual taxpayer who transfers money or property to a non-arm’s length taxpayer for no consideration or consideration for less than value, while the transferor had an outstanding tax liability. ... [read more]

Friday, September 18, 2020 @ 1:01 PM

Report card time for independent electrical system contract review Electric plugs

In November 2019, we reported on the order-in-council from the minister of energy, northern development and mines directing the Independent Electricity System Operation (IESO) to engage an independent third party (independent consultant) to review existing generation and identify ways to lower electricity costs within such contracts. The review was to focus specifically on larger gas, wind and solar projects and portfolios of projects expiring over the next 10 years.  ... [read more]

Friday, September 18, 2020 @ 8:54 AM

Gap in the law: Exposure to your ex even when you have a will bridge_gap_sm

In part one of this series we discussed the significant and often unexpected problems that can arise when a separated spouse dies without a will. We noted how such discussions are important given the significant proportion of Ontarians who simply have not executed a will. ... [read more]

Thursday, September 17, 2020 @ 1:01 PM

Constitutional reference on federal Impact Assessment Act Alberta

On Sept. 22 and 23, the Supreme Court of Canada will hear three appeals regarding the constitutionality of the federal carbon pricing legislation. At the hearing, Alberta, Saskatchewan and Ontario will argue that the Greenhouse Gas Pollution Pricing Act is ultra vires Parliament, although this position has been rejected by two of the three appellate courts in these provinces. ... [read more]

Thursday, September 17, 2020 @ 12:35 PM

Back to school and COVID-19: Courts weigh in Kids wearing masks in front of laptops

Many Canadian families with co-parenting agreements are finding themselves unable to agree about whether to let their children return to in-person classes this fall or stay home and attend online courses. This has caused the courts to step in when parents cannot find common ground. ... [read more]

Thursday, September 17, 2020 @ 11:10 AM

Property dispute decision proves importance of history, geography lessons landsurveyor

The first lock on the Trent-Severn Waterway was built in 1833 in Bobcaygeon with the whole system being completed in 1920. The first on the Rideau was started in 1826 in Ottawa. However, different lakes were dammed by loggers, and others, at various times both before and after these dates. Knowing the history of the waterways of the province has become all the more important with the Ontario Court of Appeal’s recent decision in Becker v. Walgate 2020 ONCA 491. ... [read more]

Thursday, September 17, 2020 @ 10:02 AM

Court of Appeal rules on out-of-province application of Ontario’s priority regime Cars colliding

In Travelers Insurance Company of Canada v. CAA Insurance Company 2020 ONCA 382, the Court of Appeal addressed the extra-provincial application of the Ontario Insurance Act in the priority dispute context. The decision provides much needed guidance for priority disputes involving accidents that occur outside Ontario. ... [read more]

Wednesday, September 16, 2020 @ 2:05 PM

How natural law doctrine gets nature wrong: LGBTQ+ rights Book on fire

“At the heart of the Platonic-Aristotelian and later ancient philosophical rejections of all homosexual conduct, and thus of the modern “gay” ideology, are three fundamental theses: (1) The commitment of a man and woman to each other in the sexual union of marriage is intrinsically good and reasonable, and is incompatible with sexual relations outside of marriage. (2) Homosexual acts are radically and peculiarly non-marital, and for that reason intrinsically unreasonable and unnatural. (3) Furthermore, according to Plato, if not Aristotle, homosexual acts have a special similarity to solitary masturbation, and both types of radically non-marital acts are manifestly unworthy of the human being and immoral.” ... [read more]

Wednesday, September 16, 2020 @ 1:43 PM

Shareholder actions for loss of share value: Are they now possible? stock_loss_sm

At common law, a corporation has always been treated as a discrete legal entity from its shareholders. The rule in Foss v. Harbottle (1843), 67 E.R. 189 (U.K.H.L.) provides that only the corporation, not its shareholders, may start a lawsuit for wrongs done to it. ... [read more]