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Thursday, September 22, 2022 @ 4:04 PM - Last Updated: Monday, September 26, 2022 @ 3:40 PM

[ Legal Wire ] - Court of Appeal divided over notice of termination of commercial lease case; appeal dismissed

In a split decision, the Court of Appeal for Ontario has upheld the ruling of a lower court in finding that a notice of termination of a commercial lease was effective to terminate it, and that the application judge “made no error in giving effect to the words used in the Notice of Termination including the word demolition.” ... [read more]

Thursday, September 22, 2022 @ 1:57 PM

Pitfalls of post-closing price adjustments Wrench with dollar sign on it

Post-closing price adjustment provisions may assist in negotiating some transactions. While the courts do not warmly embrace such provisions, they are clearly permissible if drafted properly. However, if they lack sufficient precision they can foment significant uncertainty and litigation. Niebergal v. QHR Technologies Inc., 2020 SKQB 327, (affirmed Niebergal v. QHR Technologies Inc., 2022 SKCA 85) is one such example. ... [read more]

Thursday, September 22, 2022 @ 1:41 PM

[ Legal Wire ] - Certification of class proceeding for the purpose of settlement ordered in Ticketmaster litigation

The Ontario Superior Court of Justice will order a certification of a class proceeding “for the purpose of settlement and approving the notices of settlement approval” in a dispute over Ticketmaster’s “failure to provide timely ticket refunds” during the pandemic. ... [read more]

Thursday, September 22, 2022 @ 1:34 PM

Patagonia ownership transfer: Lawyering for 21st century | Heidi J.T. Exner Back to school

The 83-year-old Patagonia founder and ex-billionaire Yvon Chouinard raised eyebrows earlier this month when he proclaimed “Earth is now our only shareholder,” and transferred ownership of his private company to a non-profit and trust. Holdfast Collective now owns 98 per cent of Patagonia’s stock, which constitutes the entirety of its non-voting shares. This means it stands to benefit economically to the tune of an estimated $100 million per annum in profits, paid as dividends. However, this ownership does not afford the non-profit control over Patagonia’s business operations. ... [read more]

Thursday, September 22, 2022 @ 12:38 PM

Gowling WLG hires counsel to co-lead cybersecurity group

Gowling WLG welcomed Antoine Guilmain to the firm as counsel and co-leader of the cybersecurity and data protection group in Canada. He will be based in the firm’s Montreal office. ... [read more]

Thursday, September 22, 2022 @ 12:37 PM

Polley Faith adds four associates

Polley Faith announced that former articling students Tabir Malik, Cori Goldberger, Flavia Zaka and Jeffrey Wang have joined the firm as associates. ... [read more]

Thursday, September 22, 2022 @ 10:47 AM

Piping Plover habitat loss leads to first judicial interpretation of ‘damage’ piping plover

Fifteen years after coming into force, we have the first judicial interpretation of “damage” to habitat under the Endangered Species Act. ... [read more]

Thursday, September 22, 2022 @ 10:17 AM

Lawyers: Learn to network and generate new business | Mark Borkowski

No profession is as bad as generating new business and generating new clients as lawyers. Why? Lawyers do not know how to network. ... [read more]

Thursday, September 22, 2022 @ 9:28 AM

Sex assault decision showcases perils of voir dire Couple head

H.P. met a new girlfriend in October of 2016. H.P. was a security guard wanting to join the RCMP. The girlfriend was a student. They seemed to get along well. ... [read more]

Thursday, September 22, 2022 @ 6:28 AM

CORPORATIONS - Receivers and receiver managers - Powers of the court

Appeal by the appellants from a motion judge’s order approving the agreement of purchase and sale with Sheiner and DiCapo for the whole of Lash Point. Lash Point was a cottage property consisting of approximately 28 acres on Lake Rosseau in the Township of Muskoka Lakes. It had been in the Lash family for over 100 years. In 1996, 13 family members transferred their ownership interests in Lash Point to a non-profit corporation, Lash Point Association Corporation (LPAC). ... [read more]