Court of Appeal Summaries (March 29 – April 2, 2021) 05 avril 2021 John Polyzogopoulos Following are this week’s summaries of the civil decisions of the Court of Appeal for Ontario.
A Homebuyer is Permitted to Rescind an Agreement of Purchase and Sale after Being Misled about the Size of the Property 05 avril 2021 Daniel Waldman, Pallett Valo LLP This article provides an overview of the recent Court of Appeal decision Issa v. Wilson, where the court affirmed that a buyer can get out of an Agreement of Purchase and Sale where they were induced into entering the contract by misleading information.
Family Cottage: How can capital gains taxes be minimized? 05 avril 2021 Harjot Atwal This is the fourth in a series of articles concerning the family cottage. This article is focused on methods of minimizing CGT associated with cottages.
Family Cottage: How can trusts protect heirs from matrimonial claims? 05 avril 2021 Harjot Atwal This is the third in a series of articles concerning the family cottage. In this article, Harjot Atwal discusses matrimonial home claims and how the use of trusts can offer some protection.
Damages for Lost Opportunity Cannot be Awarded in a Failed Real Estate Transaction 05 avril 2021 Daniel Waldman, Pallett Vallo LLP This article discusses the case Akelius Canada Inc. v. 2436196 Ontario Inc., which affirmed that a buyer is not entitled to damages for lost opportunity when a seller defaults on a real estate deal.
Supreme Court of Canada Decides the Federal Greenhouse Gas Pollution Pricing Act is Constitutional 05 avril 2021 Jennifer King, Liane Langstaff, Michael Finley, Chris Hummel and Graham Reeder On March 25, 2021, the Supreme Court of Canada released its highly anticipated decision in the Greenhouse Gas Pollution Pricing Act references, with the majority confirming that the federal carbon pricing backstop is constitutional. This article unpacks the Court's decision, and reflects on its impacts.
Fueling the Future: Canada’s Plan to Reduce Greenhouse Gas Emissions under the Clean Fuel Regulations 05 avril 2021 Holly Sherlock, Talia Gordner, Julia Loney and Ralph Cuervo-Lorens On March 3, 2021, the public consultation period for the federal government’s proposed Clean Fuel Regulations ended. The Regulations are intended to contribute to Canada’s reduction of greenhouse gas emissions. This article provides an overview of the proposed Regulations and a survey of their potential impact.
Irrational but not Irrelevant: Deference to Pandemic Regulations in Hudson’s Bay Company ULC v. Ontario (Attorney General) 03 avril 2021 Teagan Markin and Brianne Taylor In its December 23, 2020 decision in Hudson’s Bay Company ULC v. Ontario (Attorney General), the Ontario Divisional Court dismissed Hudson’s Bay Company’s bid to ease retail lockdowns in regions of Ontario hardest hit by the COVID-19 pandemic. This decision signals a lingering post-Vavilov doubt about how closely courts will examine the legality of regulations, and also illustrates the courts’ deferential approach to government restrictions on civil liberties during the pandemic.
Tips for New In-House Lawyers from a New In-House Lawyer 02 avril 2021 Nimisha Dubey, CCCA Executive and Lawyer, University Health Network Whether you are coming from private practice, fresh out of law school, or making a lateral move to a new company, the learning curve as an in-house lawyer is steep. That does not mean, however, that you cannot conquer it!
The Gaps in the Globe's “Power Gap” Series: the sample size is too small and elite to tell a grand narrative about women at work 02 avril 2021 Paniz Khosroshahy, student (3L), University of Toronto’s Faculty of Law By January 4, 2021, at 11:17 am, the top-100 Canadian CEOs had made, on average, as much money as an average worker will make all year. Should we be concerned that not enough of these CEOs are women?