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Published on: 6 Oct 2008 By (Dianne Saxe)

Kipfinch – latest Ontario contaminated site decision

Ontario’s latest contaminated site decision is Kipfinch v. Westwood Mall (Mississauga) Limited. The  intended purchaser of a $25 million shopping mall was unable to obtain financing after the vendor refused to allow invasive testing in an area formerly occupied by a dry cleaner.   The agreement of purchase and sale required the purchaser to satisfy...

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Published on: 6 Dec 2018 By

Do I Have to Collect HST if I am Just Selling my Vacant Land?

Determining whether or not you have to pay Harmonized Sales Tax (“HST”) during a real estate transaction can be a tricky situation. There can be rebates, exceptions and a whole host of factors which come into play. The sale of a vacant lot carries with it its own problems. When Do you Have to Pay...

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Published on: 20 Nov 2020 By

British Columbia Supreme Court rejects plan of arrangement for barring claims of historical shareholders

Overview In Re iAnthus Capital Holdings, Inc., 2020 BCSC 1442, Justice Gomery of the BCSC rejected a plan of arrangement due to the overly broad scope of release and injunction clauses which were found to bar claims of historical shareholders which preceded the plan. His Honour did not dismiss the petition, but rather provided iAnthus...

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Published on: 17 Nov 2020 By

Employers: Supreme Court of Canada weighs in on discrimination, bonus entitlements

It has been some time since the Supreme Court of Canada (“SCC”) last addressed employment-law related issues, but it recently issued two noteworthy decisions that may be relevant to employers. In Fraser v. Canada (Attorney General), 2020 SCC 28, the SCC arguably set the bar lower for employees to establish sex discrimination for the purposes...

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Published on: 8 Sep 2020 By

Climate-Change Litigation: Failure to disclose risks

On July 22, 2020 a 23 year old individual led the filing of a class action lawsuit against the Australian government alleging that the government failed to disclose the material risk of climate change to investors in government bonds1. Instead of seeking damages the relief sought seeks to require the government to improve its climate...

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Published on: 15 Jul 2020 By

The rise and fall of Quadriga, a Canadian crypto exchange Ponzi scheme

We may only be a few years away from a Netflix special on the Quadriga collapse. There would be plenty to fill a script in last month’s release of an investigative report from the Ontario Securities Commission, which found that Quadriga was a fraud and Ponzi scheme (the “OSC Report”). The OSC Report is the culmination...

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Published on: 30 Oct 2019 By

Cap-and-Trade

On October 11, 2019, the Ontario Superior Court of Justice, Divisional Court, confirmed that the repeal of the cap-and-trade system in Ontario absent engaging in public consultation was unlawful. The Ontario Divisional Court concluded that the Ontario government was “obliged” under the Environmental Bill of Rights to engage in public consultation prior to terminating the...

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