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

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BARE BONES BRIEFS | OCA: ineffective lawyering can include bad advice on whether to testify | OCA: Police can’t investigate impaired driving on private property | OCA: Interest owing protected by CLA trust fund | Standard NDA approaches reality | Best law firm webinars and bulletins

By Julius Melnitzer | June 7, 2021 OCA: COUNSEL’S FAILURE TO EXPLAIN BLENDED PROCEDURE IMPACT VITIATES CONVICTION The Ontario Court of Appeal has ruled that an accused who testified and made what amounted to a full confession on a voir dire should have his conviction overturned because counsel failed to advise him before agreeing to […]

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BARE BONES BRIEFS | SCC: Can courts cancel child support arrears retroactively? | FCA upholds “unprecedented” site block order | SCC grants leave from $644 million patent infringement award| OCA rules on limitation in unidentified motorist cases | Can’t miss: law firm webinars & bulletins

By Julius Melnitzer | June 1, 2021 CAN JUDGES CANCEL CHILD SUPPORT ARREARS RETROACTIVELY? On Friday, June 4, the Supreme Court of Canada (SCC) will determine whether courts can retroactively cancel child support arrears. The judgment in Colluci v. Colluci will consider whether doing so provides an incentive for payors to be delinquent. Related Article: […]

New insolvency rules help energy companies carve out their environmentally-compromised assets

By Julius Melnitzer | May 26, 2021 Following their formal recognition by the Quebec Superior Court and British Columbia Supreme Court, reverse vesting orders (RVO) are poised to become extremely valuable tools in insolvency and restructuring proceedings  — for the energy sector in particular. Historically, courts have used standard vesting orders to transfer purchased assets […]

Getting a head start on new Consumer Protection Privacy Act

May 17, 2021 | By Marilyn Clarke, guest contributor With the expected enactment of Bill C-11 in late 2021, Canada’s privacy regime, which had become increasingly ineffectual and obsolete, will be obsolete no more. Bill C-11 introduces the Consumer Protection Privacy Act (CPPA) and Personal Information and Data Protection Tribunal Act (PIDPTA), which will replace Part 1 of the Personal […]

Owners can mitigate OHSA risk created by OCA in Ontario v. Sudbury

By Julius Melnitzer | May 20, 2021 For all the brouhaha about what the Ontario Court of Appeal (OCA) did or didn’t do in Ontario (Labour) v. Sudbury (City), or what courts might do in the future, what transpired is really quite simple: a unanimous Court said that an owner whose direct employees (as opposed […]

Perfect storm for Canadian jobless, Part III: the role of national champions

By Julius Melnitzer | May 19, 2021 This is the third of a three-part series. Read Part I and Part II. Canada’s competition laws don’t play favorites. There’s no preferential treatment for “national champions” whose expansionist aims are anti-competitive but don’t create efficiencies that – as we’ve pointed out previously – frequently promote job losses. […]

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BARE BONES BRIEFS | Survey: full-time remote work off the table | Osler bulletin: corporate diversity tanks | Law firm gives away profits | OCA: “No escape” supports inmate’s duress defence | legaltrot: helping lawyers on the go get help on the go |

By Julius Melnitzer | May 16, 2021 REMOTE WORK: THE DISCONNECT The Littler 2021 Annual Employer Survey Report has uncovered a “disconnect” between employers and employees about what the return to physical workspaces should look like. The following paragraph says it all: While 71 percent of employers surveyed believe that most of their employees who […]

Perfect storm for Canadian jobless, Part II: making jobs count in M&A

By Julius Melnitzer | May 13, 2021 This is the second article in a three-part series. With unemployment on the rise, adding fuel to the fire by encouraging labour force reduction seems counterproductive. But, as pointed out in Part I of this series, Canada’s competition laws do exactly that. The key culprits are the “efficiencies” […]

Perfect storm for Canadian jobless, Part I: M&A uptick and unemployment growth

By Julius Melnitzer | May 12, 2021 This is the first article in a three-part series. Unemployment rates and merger and acquisition activity (M&A) in Canada are both on the rise. But they’re poor bedfellows, at least as far as Canada’s jobless are concerned. Why? Because Canada’s merger review laws are nothing less than a […]

Good faith in contracts: who needs it?

By Julius Melnitzer | May 3, 2021 This is the second in a two-part series. Read the first article. Reactions to the Supreme Court of Canada’s (SCC) recent decisions in C.M. Callow Inc. v. Zollinger and Wastech Services Ltd. v. Greater Vancouver Sewerage and Draining have not been nearly as intense as the debate that accompanied Bhasin v. […]

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