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Thursday, May 19, 2016 @ 08:00 PM

Rate hike on mortgage in arrears slapped down by Supreme Court

The Supreme Court has put teeth into the federal Interest Act’s s. 8 prohibition against hiking mortgage interest when borrowers fall into arrears. ... [read more]

Thursday, May 12, 2016 @ 08:00 PM

Unpacking the U.S. border

As the waves of champagne and splendor recede from the first state dinner in Washington for a Canadian prime minister in nearly 20 years, we return to the tidal nature of the Canada-U.S. relationship and ask: How do we remove the fear factor that keeps companies from exploring the opportunities presented by the cross-border market? ... [read more]

Thursday, May 12, 2016 @ 08:00 PM

The art of the deal

Long considered the domain of family law and estates lawyers, trusts are increasingly common features of commercial law and litigation. The reason is that the inherent flexibility of a trust is often appealing relative to the more rigid rules and duties associated with contracts, corporations and other types of commercial arrangements. ... [read more]

Thursday, March 31, 2016 @ 08:00 PM

Taking down the tariffs

Government departments and industry stakeholders are taking steps to prepare for the entry into force of Canada’s new free trade regime. To the extent that Canadian enterprises and their industry associations are not engaged in an analysis of how they might be affected — whether they import, export, purchase or domestically supply goods or services — now is a very good time to start. ... [read more]

Thursday, March 10, 2016 @ 07:00 PM

Financing the fight

The Ontario Superior Court recently expanded the role that third party litigation funding can play in Canada. Litigation funding is well-established in other common law jurisdictions — particularly in class action and intellectual property matters — but is relatively new to Canada. Third-party funders generally cover legal costs and disbursements, and indemnify the litigant against any adverse costs, in exchange for an agreed portion of any recovery. ... [read more]

Thursday, February 18, 2016 @ 07:00 PM

Uphill struggle for plaintiffs

Section 138.8 of the Securities Act (Ontario) permits investors in the secondary market to bring class actions against public companies, their directors and officers for alleged misrepresentations in financial statements and other public disclosure. ... [read more]

Thursday, January 28, 2016 @ 07:00 PM

Insider trading and the balance of probabilities

The Ontario Securities Commission rendered an important decision regarding insider trading and tipping under the Ontario Securities Act on March 24, 2015. ... [read more]

Thursday, November 12, 2015 @ 07:00 PM

Two takes on regulating drones

To this day, the highlight of my commercial flying career is having made crudely folded paper airplanes for my friends during recess. ... [read more]

Thursday, October 15, 2015 @ 08:00 PM

Shaking ground in global trade by reaching across Pacific Ocean

The recently signed Trans-Pacific Partnership agreement has sparked fierce debate and divergent opinions among business and political leaders, but one point unites almost everyone — the TPP is a significant, ground-changing trade deal with enormous implications for the world economy. ... [read more]

Thursday, October 01, 2015 @ 08:00 PM

Importance of builder liens, trusts both underscored in SCC decision

In its first construction lien ruling in years, the Supreme Court has ruled that unpaid subcontractors can seek compensation via builders’ liens and statutory trusts, and are not confined to pursuing just one of the statutory remedies at a time. ... [read more]