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Friday, September 07, 2018 @ 11:32 AM

Home and car insurance issues surrounding legalization of recreational cannabis Tightropewalker_sm.jpg

The government of Canada recently announced that Bill C-45 on the legalization of recreational cannabis (Cannabis Act) and its regulations will officially come into force on Oct. 17, 2018. In this context, the insurance sector only has a few months to adapt to this new legislative framework. ... [read more]

Friday, September 07, 2018 @ 9:25 AM

Express Entry 2018: By the numbers express_immigration_sm

Express Entry is Canada’s immigration application management system. The system is designed to select economic class immigrants who have the highest probability for success in Canada. Express Entry manages the Canadian Experience Class, Federal Skilled Worker, Federal Skilled Trades Program and some Provincial Nominee Programs. ... [read more]

Friday, September 07, 2018 @ 8:48 AM

Enforcing performance standards in franchise agreements missed_target_sm

This article outlines some of the legal principles that may apply to the enforcement of performance standards in a franchise agreement. Discretionary rights are sometimes associated with performance standards, and these rights add complicating factors to the legal analysis. ... [read more]

Thursday, September 06, 2018 @ 10:45 AM

Trans Mountain decision proves Canada a G7 country at war with itself Protesters_sm.jpg

It would appear that lightning does strike twice! ... [read more]

Thursday, September 06, 2018 @ 9:10 AM

Regulatory decision opens door for Crown to pierce corporate veil corporate_secrecy_sm

An Ontario court has revolutionized the law with respect to whether an individual can be held personally liable for fines imposed against the corporation for breaches of regulatory legislation. ... [read more]

Thursday, September 06, 2018 @ 8:43 AM

MLI tax treaty: What it means for taxpayers tax_break_sm

In the first article in this series, I outlined Canada’s evolving stance toward the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent Base Erosion and Profit Shifting (MLI) — particularly its abandoning certain reservations surrounding certain key provisions in the convention. Below, we take a deeper dive into those provisions and their implications for taxpayers. ... [read more]

Wednesday, September 05, 2018 @ 1:22 PM

Disclosing flood risk in residential real estate deals Floodhouse_sm.jpg

Flooding in such places as Ontario and Quebec in 2017 and New Brunswick and British Columbia this year brought several issues to the fore, not the least of which is the pressing need to create a formal mechanism through which homeowners and potential homebuyers can be informed of the level of flood risk for a particular property. ... [read more]

Wednesday, September 05, 2018 @ 10:55 AM

Crown consultation on Trans Mountain: Size does not equal substance transmountain_sm.jpg

Tsleil-Waututh Nation v. Canada (Attorney General) 2018 FCA 153 provokes a strong sense of déjà vu. A pipeline connecting the oil sands to the Pacific. A challenge to the Federal Court of Appeal by a group of Indigenous and non-Indigenous organizations. Justice Eleanor Dawson writing that Canada’s consultation “fell well short of the mark”. Hasn’t this happened before? ... [read more]

Wednesday, September 05, 2018 @ 9:14 AM

Decision finds title insurance covers losses due to unmarketable title title_insurance_sm

We had previously discussed the Ontario Court of Appeal decision in MacDonald v. Chicago Title Insurance Co. of Canada, 2015 ONCA 842. The first case following this decision is Breen v. FCT Insurance, 2018 ONSC 3644. In 1999, the Breen family purchased a cottage that had been custom built by a previous owner. Everything was above board — except for one finicky detail. ... [read more]

Tuesday, September 04, 2018 @ 11:55 AM

Roadside cannabis testing will keep courts busy Canabistester_sm.jpg

The federal government has announced the first device it will approve for screening drivers for drugs: the Dräger DrugTest 5000. The DrugTest 5000 works by bringing a test strip in contact with saliva at a given temperature range. ... [read more]