Focus On

Analysis

Latest

Monday, November 11, 2019 @ 12:20 PM

Reopening energy contracts: Blend and extend is back in Ontario Windsolarpanels

Last Wednesday, the Ontario minister of Energy issued an order-in-council directing the Independent Electricity System Operation (IESO) to engage an independent third party to review existing generation and identify ways to lower electricity costs within such contracts. The review is to focus specifically on larger gas, wind and solar projects and portfolios of projects expiring over the next 10 years. ... [read more]

Monday, November 11, 2019 @ 10:54 AM

Fraudulent conveyance and Stone v. Stone: Clarifying inter vivos transfers money_behindback_sm

As we concluded in our previous article, Stone v. Stone 2001 55 O.R. (3d) 491 has been judicially considered at least 42 times but for the most part has been followed. Where courts have come to a different result usually revolves around different facts specific to the particular case being litigated. ... [read more]

Friday, November 08, 2019 @ 6:10 PM

Invesco case: Funding services not subject to GST/HST Hand cutting tax balloon string

In the recent judgment rendered in the Invesco case (SLFI Group v. Canada 2019 FCA 217), the Federal Court of Appeal ruled that a group of Canadian mutual funds was not required to self-assess GST/HST on funding services provided by a U.S. entity because these services were exempt financial services, rather than management or administrative services. ... [read more]

Friday, November 08, 2019 @ 2:08 PM

New pay equity legislation applicable to federally regulated employers Canadianflagandmoney.jpb

New legislation will introduce a pay equity framework for federally regulated employers with more than 10 employees in both the public and private sectors. ... [read more]

Friday, November 08, 2019 @ 12:33 PM

Benefit corporations: Legislators should tread lightly good_corporation_sm

The advent of the burgeoning benefit corporation movement represents a subtle but fundamental change in the way for-profit companies choose to do business. And Canadian legislators, who have been slow to act in support of this movement, should address it with comparable subtlety, recognizing that the movement is an evolution of existing law, bears no relationship to the not-for–profit sector and does not require a host of new regulatory approaches. ... [read more]

Thursday, November 07, 2019 @ 1:29 PM

Human Rights Tribunal says condo corp did not discriminate against disabled woman For Rent Sign

A condo unit owner in British Columbia filed a complaint (Rutherford v. Strata Plan VS 170 2019 BCHRT 227) with the Human Rights Tribunal alleging that her strata corporation discriminated against her on the basis of her disability when it refused to allow her to rent the second bedroom of her unit on a short-term basis. ... [read more]

Thursday, November 07, 2019 @ 9:24 AM

Defendant liable for plaintiff jumping out of bus School bus

In Little v. Floyd Sinton Limited 2019 ONCA 865, the plaintiff was largely successful in an appeal involving an incident where the plaintiff jumped out of the back of a moving school bus. ... [read more]

Thursday, November 07, 2019 @ 9:20 AM

Concerns regarding proposed amendments to Nova Scotia Fatality Investigations Act manindarkcell

In August of this year Greg Hiles died while in custody in the East Coast Forensic Hospital (ECFH) in Nova Scotia. He had been determined to be not criminally responsible (NCR), meaning he was indefinitely confined until found to be sufficiently mentally well by the Criminal Review Board. This means Hiles’ release, and the release of anyone found NCR, is dependant upon receiving effective treatment of their underlying mental illness. ... [read more]

Thursday, November 07, 2019 @ 7:51 AM

Cloud security myth: Client data stored in Canada more secure cloud_security_sm

One of the key attributes of modernizing the tools and software used by law firms is migrating to cloud solutions, which offer greater reliability, features and security vis-a-vis on-premises software solutions. Despite the benefits, I routinely encounter the great myth of cloud technology within the first few minutes of any call, notably “Where is the data stored?” or “Is everything stored in Canada?” ... [read more]

Wednesday, November 06, 2019 @ 2:26 PM

Full financial disclosure in a domestic contract Contract with glasses

Knowledge of both financial positions is crucial to best represent a client so that a fair and equitable domestic contract can be prepared. Inclusion of each parties’ financial position bears so much weight that without it, a domestic contract can be deemed invalid or set aside. ... [read more]