Articles 2020

The article contains a summary of a CBA session entitled The Tort of Misfeasance - Recent Developments and Practice Points held on November 23, 2020.

Some disputes involve a deterioration of both the amount available to the parties and the relationship the parties have going forward. Whether as an advocate or as a mediator, there are a few key basics to keep in mind when dealing with situations when costs start to outweigh benefits.

It’s now been five months since the federal government announced a proposal to extend the timelines for spending the capital raised via flow-through shares by 12 months. Companies that issued flow-through shares in 2019 relying on the look-back rule are coming up to the deadline (Dec. 31, 2020) by which they are required to have spent all of the funds raised.

In what can only be described as a bitter pill to swallow for the professionals involved, the Ontario Superior Court of Justice in Duca Financial Services Credit Union Ltd. v. 2203284 Ontario Inc. has refused to approve the inadvertently-omitted fees and disbursements of its own receiver and receiver’s legal counsel, notwithstanding the highly unusual outcome that all other creditors had already been paid in full (thanks, ironically, in part to the efforts of the very receiver in question).

The following are our summaries of the civil decisions of the Court of Appeal for the week of December 7, 2020. We have also summarized R. v. Irwin, a provincial offences decision relating to Building Code violations, as it deals with the rule prohibiting collateral attacks of orders, and is therefore a decision applicable in the civil and administrative law context. Other topics covered include jurisdiction, reasonable apprehension of bias, occupier’s liability and family law.

While the rapid growth of the cannabis industry in Canada has created new and exciting opportunities, this breakneck pace raises questions regarding the management of cannabis-related waste. Despite the general emphasis of regulators on the importance of proper waste management, there is little guidance from either the federal or the provincial governments on this issue specific to the cannabis industry.

The Government of Canada has prepared a survey to gather information on lived experiences of LGBTQ2+ community members. We invite community members to take part in this important initiative by filling out the survey.

The City of Toronto is proposing to list almost one thousand properties on its Heritage Register pursuant to section 27 of Ontario Heritage Act (Act), impacting the development potential of hundreds of properties across the City.

Following are our summaries of the civil decisions of the Court of Appeal for Ontario. In Zoutman v Graham, the appellant’s delay of over 6 months in bringing an anti-SLAPP motion was fatal, as it subverted the intent & purpose of s.137.1 of the CJA, and where a defendant denies making the defamatory statements, an anti-SLAPP motion is unavailable. Other topics were rescission due to misrepresentation in a real estate contract, jurisdiction in the labour law context, and stay pending appeal.