Business Law

A wide range of subjects that touch on the corporate commercial practice, including real estate, competition law, corporate law and governance, and securities

OCA upholds $25,000 punitive damages award in commercial case

Alf Kwinter says it’s unusual to see damages awarded in commercial cases. By Julius Melnitzer | October 22,2022 In a judgment that augurs well for the award of punitive damages in commercial cases, the Ontario Court of Appeal has upheld a $25,000 award in a case involving a landlord’s illegal conversion of abandoned chattels subject […]

Little-used section of Condominium Act provides process for condo corp termination

With the value of the land exceeding the collective worth of some units, usage may increase, says Craig Garbe By Julius Melnitzer | September 27, 2022 Condominiums, albeit a relatively new legal phenomenon, are showing their age. The value of the land on some older developments now exceeds the collective worth of the individual units. “It […]

Court rules employers must include electronic tips under pensionable earnings

By Julius Melnitzer | September 21, 2022 The Federal Court of Appeal has ruled that a Halifax restaurant must include a portion of the electronic gratuities intended for wait staff as “pensionable salary and wages” when calculating its liabilities under the Canada Pension Plan. The Federal Court of Appeal has ruled that a Halifax restaurant […]

Receiver has discretion to avoid arbitration agreement that preceded insolvency: Ont. CA

By Julius Melnitzer | August 31, 2022 Restructuring lawyer says decision confirms the sanctity of the ‘single proceeding’ model Ontario Court of Appeal Justice Julie Thorburn has refused leave from an Ontario Superior Court (OSC) ruling that a receiver was not bound by an arbitration agreement that preceded insolvency proceedings. Kathryn Esaw, a Toronto partner in […]

Important tax developments in commercial arena

July 19, 2022 | By Julius Melnitzer With the international and domestic commercial landscape changing so rapidly of late, it’s perhaps no surprise that tax rules are changing as well. Here are three important developments in that sphere. Interest deductibility for foreign investors Under a proposed revamp of Canada’s interest deductibility regime, foreign investors who, […]

Canada targets crowdfunding platforms with new rules

By: Bamdad Attaran | May 20, 2022 Crowdfunding platforms have new regulatory obligations. On April 5, 2022, the Financial Transactions and Reports Analysis Centre of Canada (FINTRAC) introduced amendments to the Proceeds of Crime (Money Laundering) and Terrorist Financing Regulations (PCMLTFR). FINTRAC is responsible for administering and enforcing Canada’s anti-money laundering and anti-terrorist financing (“AML/ATF”) […]

Alberta energy sector still in limbo as appeals court weighs Impact Assessment Act

By Julius Melnitzer | May 3, 2022 More than 14 months after hearing Alberta’s challenge to the federal government’s Impact Assessment Act, the province’s court of appeal has yet to render a decision, leaving industry players on “pins and needles” over a ruling that could have a major impact on the regulation of Alberta energy […]

Ontario quick off mark with iGaming

By Julius Melnitzer | April 25, 2022 By all accounts, Ontario got it right when it became the first province to open its Internet gaming market to the private sector on April 4. “The government should be commended for its commitment, especially because of the noise from some people opposing the move,” said Cameron MacDonald, […]

Oil producers optimistic about deal with Enbridge over Mainline pipeline access

Enbridge says that at this point, two options are under consideration Optimism is growing that Enbridge Pipelines Inc. and producers and shippers of Canadian oil will reach a negotiated settlement on how shippers will pay to send crude on Enbridge’s Mainline system, Canada’s key export pipeline, over the next decade. “I think we’re looking at […]’s Top 10 business decisions of 2021, Part II – – – and the law firm players

Welcome to our third annual list of the Top 10 business decisions in Canada. This is the second of a two-part series, and features the top five cases in ascending order. Cases ranked 6-10 can be found here. By Julius Melnitzer | March10, 2022 5. 6362222 CANADA INC. v. PRELCO INC. (SCC) Law Firms: Borden […]

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