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Published on: 28 Oct 2013 By (Dianne Saxe)

Approvals Modernization spreads to Public Lands Act

The trend towards β€œmodernization of approvals” (otherwise known as β€œpermit by rule” for what are supposed to be routine, lower risk, routinely-permitted activities) continues to spread across the Ontario government. Now it’s the turn of the Ministry of Natural Resources’ Public Lands Act.

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Published on: 8 May 2020 By

Lenders beware: post-discharge obligations for a borrower’s HST/GST debt

Lenders, like any businesses, prefer certainty. In many ways the real property lending industry is built around trying to be as certain as possible before a loan is advanced. Does a borrower own their property? How much is that property worth? How much does a borrower make in a year? Can the borrower pay the...

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Published on: 21 Feb 2018 By

Is Your Franchise Disclosure Document Up to Date?

What is a Franchise Disclosure Document? Franchise legislation in Canada (BC, Alberta, Manitoba, Ontario, New Brunswick and PEI) requires that franchisors offering franchises for sale in those provinces provide prospects with a franchise disclosure document (β€œFDD”) prior to selling a franchise to that prospect (technically, the FDD must be delivered prior to accepting a non-refundable...

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Published on: 17 Mar 2014 By

The risks of gambling with contaminated sites

A new case from the Ontario Superior Court provides another example of the risks associated with purchasing contaminated sites. In a failed real estate transaction, the potential purchasers were left with substantial costs but did not own the properties they had intended to buy. In 1828445 Ontario Ltd. v. Guerra, experienced corporate real estate developers...

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Published on: 13 Jan 2020 By

Understanding the differences between GDPR, CCPA, and PIPEDA – a guide for Canadian businesses

Gone are days of unregulated and untethered data gathering. With the rolling out of the California Consumer Privacy Act, Canadian businesses are now finding themselves navigating a sea awash with a patchwork of extraterritorial legislation. The laws are sometimes inconsistent, often vague, and certainly confusing. It has therefore become critical that companies understand their obligations...

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Published on: 3 Dec 2009 By (Dianne Saxe)

Do wind turbines hurt property values?

Lawrence Berkeley National Laboratory has released a report: β€œThe Impact of Wind Power Projects on Residential Property Values in the United States: A Multi-Site Hedonic Analysis”, funded by the U.S. Department of Energy. The researchers collected data on almost 7,500 sales of single-family homes within 10 miles of 24 existing wind facilities in nine U.S....

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Published on: 13 Apr 2015 By (Dianne Saxe)

Ontario finally adopting carbon cap and trade

Today, Premier Wynne announced that Ontario is finally going ahead to implement a cap and trade system for carbon emissions, in cooperation with Quebec and perhaps California. Ontario originally promised to join Quebec, California and others in theΒ Western Climate InitiativeΒ in 2008, but has since fallen behind. Since December, the WCI has conducted two auctions of...

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Published on: 18 Sep 2020 By

Context is everything – Miller v FSD Pharma Inc.

In the recent case of Miller v FSD Pharma, Inc.1, the Ontario Superior Court of Justice clarified the standard for materiality in a motion for leave to commence an action under s. 138.3 of the Ontario Securities Act (β€œOSA”) for misrepresentations in secondary market disclosure. We have probably all heard the saying β€œcontext is everything.”...

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