OCA refuses to extend intrusion upon seclusion liability to hacked commercial database holders
Craig Lockwood says the trilogy did not diminish privacy interests By Julius Melnitzer | December 19, 2022 The lawyer for one of the plaintiffs involved in the Ontario Court of Appeal’s recent refusal to expand the tort of intrusion upon seclusion to defendants who fail to adequately protect personal information collected and stored for commercial purposes […]
iGaming in Ontario off to a slow start, but lawyers say growth potential is significant
Cameron MacDonald By Julius Melnitzer | December 1, 2022 The $6.04 billion in total wagers recorded by iGaming Ontario in its second quarter of operations has been disappointing to some. Still, others say the online market’s potential has yet to materialize. “Some players say these numbers are short of expectations, but we won’t have a […]
UK decision may influence Canadian directors’ fiduciary duty regarding creditors
BTI may help courts decide whether directors properly considered creditors, Preet Gill says. By Julius Melnitzer | November 19, 2022 Although the landmark decision of The Supreme Court of the United Kingdom in BTI 2014 LLC v. Sequana SA appears to fly in the face of Canadian law, directors may still feel its impact on the exercise […]
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 […]