Category: Miscellany

ONCA “reinforces deference to arbitration”

“The Court held that courts must defer to arbitral awards unless the applicant can meet the exacting standards to set aside an award contained in the Ontario [legislation].”  An international arbitration case, but one which follows the pattern of those done locally under the Arbitration Act. Thank you to F. Paul Morrison, Claire Seaborn and […]

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Small Claims Court says that Bell can’t play shell game with price

“Customer takes Bell to court and wins, as judge agrees telecom giant can’t promise a price, then change it” “In a judgment issued last month in a Toronto small claims court, Deputy Judge William C. De Lucia said that Bell’s attempt to impose new terms after a verbal contract guaranteeing a monthly price for 24 […]

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“The 2018 Federal Budget: What [Federally Regulated] Employers Should Know”

Kyle Lambert of McMillan, LLP provides a useful summary of “several notable employment law changes that will impact federally-regulated employers, including a proposal for new pay equity legislation and a plan for shared paid parental leave”. “The 2018 Federal Budget: What Employers Should Know.”

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Big Changes for Collection Agencies

There are now significant changes to Ontario’s collection laws.  Neil Abbott and Sam Starkman of Gowlings have a good summary of some of the most important of these changes: A large change is that the definition of “collection agency” will now include a person who purchases debts that are in arrears (past due) and collects […]

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ONCA in 2020?

Natasha Smith of Miller, Thomson has some very interesting news.  It appears that after many, many years of delay (it passed third reading in 2010) the new Ontario Not-for-Profit Corporations Act (better known as “ONCA”) will finally be proclaimed into law in 2020. “Once in force, the ONCA will replace the Corporations Act (Ontario) – […]

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Can materials disclosed in a civil action be used in a criminal one?

Heather Douglas examines exactly this question in her recent article, “Can Discovery Evidence Be Used in a Criminal Case?” on SLAW. The Division Court in S.C. v N.S., 2017 ONSC 5566 said that it was entirely up to the trial judge: [35] […] this plain reading of the Rule does not mean that the appellant […]

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Updated “income sprinkling” proposals for private corporations

“Updated proposals related to “income sprinkling” have now been released by the Department of Finance. Income sprinkling generally refers to the transferring of income that would otherwise be taxed in the hands of one taxpayer at a relatively high tax rate to another taxpayer at a lower tax rate. This approach is commonly implemented to […]

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Gen. Lawson, RCAF

Gen. Tom Lawson (RCAF, ret.), former Chief of Defence Staff, gave an engaging talk to a Canadian Club crowd including many high-schoolers. I thank Gen. Lawson for making time for me at the end to discuss the F-35 and educate me a bit on it.

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Unjust Enrichment

Unjust enrichment is a doctrine for the compensation of one who has unjustly received a benefit from another in a manner that the law will correct. It is a principle of “equity”. Thomson-Carswell’s Dictionary of Canadian Law (3d ed) neatly summarizes the doctrine: “ An action for unjust enrichment arises when three elements are satisfied: […]

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On the proposed LSUC name change from “Upper Canada” to “Ontario”

LSUC Bencher Michael Lerner has asked our opinion on Convocation’s decision to change the Law Society’s name away from “Upper Canada”. Here is my letter in reply. Good morning, Mr. Lerner. Thank you for seeking our opinions. That said, and with respect, I really don’t think it should have been a benchers’ decision at all. […]

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