New Investment Powers: Prudent Investor Standard and Legal List Amendments
1. NEW PRUDENT INVESTOR STANDARD Prudent Investor Regime Section 418.1 of the Municipal Act, 2001 (the “Act“) that authorizes municipalities (other than the City of Toronto) to opt into the prudent investor […]
Prudent Investor Legislative Provisions Update – Fifth
The provisions of the Municipal Act, 2001 regarding the new prudent investment powers have been proclaimed in force as at March 1, 2018. However, the new prudent investor regime will not be […]
Frozen but Available: The Limits of a Mareva Injunction
In the recent decision Trade Capital Finance Corp. v Cook, the Ontario Court of Appeal considered a claim of a non-party creditor over the defendant’s funds that were subject to a Mareva injunction.1 While […]
Preparing for Adjudication? How to Govern Yourself Accordingly
The Construction Act is on its way to Ontario, and with it comes the advent of adjudication. As many will already know or soon find out, Ontario’s adjudication process will be document intensive. Construction […]
Ontario Court of Appeal Decision Means More Independence for Ontario Municipalities Over Parkland
In a long-awaited decision released on January 29, 2018, a 3-judge panel of the Ontario Court of Appeal unanimously upheld a Divisional Court decision confirming the rights of municipalities to […]
WeirFoulds is a Proud Sponsor of the Arnup Cup 2018
WeirFoulds is proud to continue to sponsor the Arnup Cup, an annual trial advocacy competition for Ontario law schools, organized by The Advocates’ Society. The Cup bears the name of […]
WeirFoulds continues to support the Black Law Students’ Association of Canada
WeirFoulds is proud to sponsor the 2018 Black Law Students’ Association of Canada (BLSA Canada) Julius Alexander Diversity Moot.
What You Need to Know – Legislative Updates for Delivery of Health Care in Ontario
The Ministry of Health and Long-Term Care was exceptionally busy in the last couple of months. The purpose of this bulletin is to provide you an update on some significant initiatives that were completed by the Government as of January 1, 2018 and to make educated guesses on what we might see in the months ahead.
Once Bitten, Twice Shy? Not so, says the Ontario Court of Appeal
In the April, 2017 case of Deslaurier Custom Cabinets v. 1728106 Ontario Inc., 2017 ONCA 293, the Ontario Court of Appeal had occasion to revisit an issue that it had previously […]
Weirfoulds congratulates Wayne Egan on being appointed Managing Partner
WeirFoulds LLP is pleased to announce that the partners of the firm have elected Wayne Egan to the position of Managing Partner, effective January 1, 2018.
Equity Rules the Day: The Supreme Court of Canada Clarifies the Tenets of Proprietary Estoppel
In December 2017, the Supreme Court of Canada released its decision in Cowper-Smith v. Morgan, 2017 SCC 61, a case dealing with the issue of proprietary estoppel. While the facts of this case are borne out of circumstances relating to an estate, the law as set out by the Supreme Court can be equally applied in the context of commercial litigation in relation to promises made in a commercial context.
Ontario Regulation 588/17: Asset Management Planning for Municipal Infrastructure
Infrastructure for Jobs and Prosperity Act, 2015 (“IJPA”) in section 6(2) sets out principles for the provincial government to regulate asset management planning for municipalities. On December 27, 2017, O. Reg. 588/17(the “Regulation”) under the IJPA was released.
Using change directives to delay compensation and adjustments to the project schedule
Acceleration; critical path; milestones; liquidated damage; change directives; and change orders. These are terms used in today’s fast-paces construction industry where project delays have serious financial consequences and parties are required to perform addition work before the terms upon which the work is to be performed are agreed.
International Anti-Corruption Day: 9 December
International Anti-Corruption Day has been recognized on an annual basis since the passage of the United Nations Convention against Corruption which Canada has ratified in 2003. This year, International Anti-Corruption Day falls on 9 December 2017.
“Entrepreneurial” Class Plaintiff Hit With $1 Million Costs Award
In Yip v. HSBC Holdings plc, a decision released on November 20, 2017, Justice Perell awarded partial indemnity costs of $1 million to defendants that had succeeded, on jurisdictional and forum conveniens grounds, in defeating a proposed shareholder class action.