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Published on: 28 Jun 2019 By

Federal Carbon Tax Constitutional

Today, Ontario’s Court of Appeal found that the Federal Government’s Carbon scheme is constitutional, “regulatory in nature”, and “not a tax.” The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] “is within Parliament’s jurisdiction to legislate in relation to matters of ‘national concern’ under the ‘Peace, Order, and good Government’ (‘POGG’) clause of...

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Published on: 23 Sep 2019 By

Risky business: Alleging cause if you don’t have it

So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances. She then goes on to assess your common law reasonable notice obligation in a “without cause”...

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Published on: 3 Apr 2008 By (Dianne Saxe)

New Rules on QPs

The MOE has pushed ahead with its regulation to restrict Environmental Site Assessments to professional engineers and geoscientists, as of October, 2009. O. Reg. 66/08 amends the definition of Qualified Person in O. Reg. 153/04. This will exclude agrologists and technologists, who now perform some ESAs. Some minor changes come into force immediately, allowing engineers...

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Published on: 26 Sep 2019 By

Financial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong direction

In Cappelli v Nobilis Health Corp.[1] (“Cappelli”), Justice Perell, for purposes of a leave motion under Part XXIII.1 of Ontario’s Securities Act (“OSA”), considered the evidentiary value of an issuer’s public disclosure that it was restating previous financials and had control weaknesses. His Honour gave less weight to the restatement and admission of control weaknesses...

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Published on: 10 Dec 2019 By

6 key elements of a business succession plan

Business succession planning is an important part of operating a successful business and developing a strong retirement plan. In this article, retired Siskinds’ partner and business lawyer, Henry Berg, discusses the importance of careful and intentional planning in order to ensure a successful business transition. For more information on professional corporations, please reach out to Katherine...

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Published on: 4 Feb 2020 By

Coronavirus – Employers’ frequently asked questions

With health experts proclaiming that the Wuhan Novel Coronavirus (i.e., the “Coronavirus”) is likely to become a pandemic, Canadian employers should prepare for the worst and plan how to respond to various employment-related issues that could arise if the virus continues to spread. With that in mind, below are general answers to some of the...

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Published on: 15 Jul 2018 By

Guardianship Applications under the Children’s Law Reform Act

A minor is considered to be a person under the age of eighteen years. In Ontario, a parent is automatically the guardian of the person of his or her minor child.[1] However, a parent is not automatically the guardian of property of his or her minor child.[2] In certain circumstances, a parent can receive the...

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Published on: 13 Apr 2020 By

Impact of COVID-19 on Environmental Law

The protection of our health and environment is a fundamental right of all Canadians. The recent events of COVID-19 including the designation of essential and non-essential services, suspension of limitation periods in certain circumstances has businesses questioning what statues, regulations, standards or policies have continued to remain in force. Generally, those environmental laws, regulations, policies,...

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Published on: 29 Apr 2020 By

Business Essentials – Episode 1: Challenges related to COVID-19 facing employers now and in the future

In Business Essentials, a limited-run podcast series, Chris Sinal of Siskinds’ Labour & Employment Group sits down with some of the firm’s business lawyers to discuss current issues and challenges facing our clients as they adapt to the new business environment resulting from COVID-19. Be sure to like and subscribe to the podcast by searching...

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