Here’s the Drill: Commingling of Funds – Carillion Canada
On June 28, 2021, the Court of Appeal for Ontario released a decision dealing with an insolvent contractor and the complications that arose when the funds it received from project […]
Elections in the Time of COVID: Employer Obligations on Federal Election Day and COVID-19 Considerations
On September 20th, 2021, Canadians will head to the polls to elect their next Prime Minister and members to Parliament. This will be the first time in the history of […]
Ch-ch-ch-changes: New Rules for Method of Attendance in Ontario Actions
Following the extensive civil rule changes that became effective January 1, 2021 to provide for more electronic court processes – in part a reaction to COVID-19 – further revisions have […]
WeirFoulds welcomes two new associates
WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Patricia Chehadé – Commercial Litigation Patricia Chehadé is an associate in the Commercial Litigation […]
Not So Fast: Contractual Rights May Be the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their Members
For insights into the Court of Appeal’s decision, check out our post “Contractual Rights as the Basis of the Court’s Jurisdiction to Review the Treatment by Voluntary Associations of Their […]
Clare Burns once again top-ranked in Chambers High Net Worth Guide
WeirFoulds is pleased to announce that Clare Burns, Partner, trusts and estates, has been ranked for a fourth consecutive year in the top band of the Private Wealth Disputes – […]
Lien Rights: To Assign or Not to Assign (Should you ask the question?)
Assignment of lien is a powerful but underused section of Ontario’s Construction Act. Assignment allows a party with lien rights to transfer their rights (and rights to any related court […]
Transportation Notes: Québec Superior Court Allows Class Action Against Sunwing, But Not Other Airlines
In a recent decision, the Superior Court of Québec allowed a class action to proceed against Sunwing Airlines and its tour operator, Sunwing Vacations. The central allegation is that Sunwing […]
WeirFoulds welcomes two new associates
WeirFoulds is pleased to welcome two new associates to the firm in the following practice areas: Shawn Tian – Technology and Intellectual Property Law Shawn Tian is an associate in […]
You Might Regret That Text: Text Messages and Limitation Periods in Ontario
While the legal profession is grounded in tradition and ceremony, COVID-19 has forced courts to acknowledge the reality of the increasingly virtual way that we do business. In 1475182 Ontario Inc. […]
Do Not Make a Bad Situation Worse: Court of Appeal Awards Punitive Damages for Inadequate Safety Practices following a Workplace Accident
In Eynon v Simplicity Air Ltd,[1] the Ontario Court of Appeal recognized that post-incident conduct in the workplace can expose an employer to additional liability. The Court upheld a jury […]
The Court of Appeal Weighs in on Representation Orders in Small Claims Court: Kelava v. Spadacini
The Court of Appeal recently considered whether the Small Claims Court has jurisdiction to make a representation order and appoint a representative defendant for an unincorporated association. The Rights of Labour […]
You Heard Us the First Time: Global Payrolls Determine Severance Pay Obligations in Ontario
In Hawkes v. Max Aicher (North America) Limited,[1] the Divisional Court strongly affirmed and expanded the 2014 ruling in Paquette v Quadraspec Inc[2] that an employer’s entire national payroll must […]
The Ontario Court of Appeal Provides a Clear Solution to the Common Employer Doctrine
In O’Reilly v ClearMRI Solutions Ltd.[1], the Ontario Court of Appeal clarified when the “common employer doctrine” will ascribe liability to a corporation in respect of an individual employed by […]
If a debt is outstanding, but not enforceable in court… is it really a debt?
The classic pseudo-philosophical question of: If a tree falls in a forest when no one is around to hear it, does it make a sound? reveals a tension around the importance of […]