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Published on: 10 Jun 2016 By

Misrepresentation in Accredited Investor Prospectus Exempt Offerings in Ontario

Part I – Mind the Angle Shooters The more dangerous malefactors are the men in high places who take a good property, overcapitalize it, appraise its value at many times what it is worth, use artful publicity and market methods to beguile the public into believing the stock is worth par or more, and foist...

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Published on: 28 Jun 2019 By

Federal Carbon Tax Constitutional

Today, Ontarioโ€™s Court of Appeal found that the Federal Governmentโ€™s Carbon scheme is constitutional, โ€œregulatory in natureโ€, and โ€œnot a tax.โ€ The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] โ€œis within Parliamentโ€™s jurisdiction to legislate in relation to matters of โ€˜national concernโ€™ under the โ€˜Peace, Order, and good Governmentโ€™ (โ€˜POGGโ€™) clause of...

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Published on: 12 Aug 2019 By

Vedanta Resources PLC v Lungowe, [2019] UKSC 20

Removing straitjackets, and widening the potential scope of parent company liability for a subsidiaryโ€™s actions Can the parent company of a multinational group owe a duty of care to a third party for the actions of a foreign operating subsidiary? There remains no definitive answer at the time of writing. However, the UK Supreme Court...

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Published on: 11 Feb 2020 By

Realtors, treat yourselves fairly

Note: An update to this post can be found here which discusses Bill 145 receiving Royal Assent, and the need for the provincial government to implement supporting regulations. Bill 145, Trust in Real Estate Services Act, 2019, represents a potential opportunity for realtors in Ontario to engage in tax planning strategies that were not previously...

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Published on: 17 Aug 2020 By

Filing deadlines extended for patents, trademarks and industrial designs in response to COVID-19 – Update: Final extension

Note: This post has been updated to reflect additional notices issued by CIPO, mostly recently on August 5, 2020, each which further extended the previously announced extension. As Canada responds to the COVID-19 pandemic, the Canadian Intellectual Property Office (CIPO) has taken the drastic step of extending certain filing deadlines under the Patent Act, the...

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Published on: 6 Oct 2008 By (Dianne Saxe)

Important brownfield reforms

The Ontario government has today posted significant proposed changes to its brownfield regulation and standards.ย The complete package has been posted on the EBR and can be found atย www.ontario.ca/brownfieldsย under the “Protecting the Environment” link. Also attachedย is an unofficial consolidated version of what O. Reg. 153/04 would look like if the proposed amendments were adopted.

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Published on: 3 Jul 2008 By (Dianne Saxe)

Lafarge to appeal landmark decision

Lafarge announced today that it will seek leave to appeal to the Court of Appeal from the June 18 decision of the Divisional Court. (Seeย https://www.siskinds.com/2008/06/19/lafarge-victory/). Lafarge points out that the court’s ruling would discourage alternative energyย investments in Ontario, and could result in the approval process doubling the cost of the project. Lafarge had applied to...

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Published on: 12 Aug 2014 By (Dianne Saxe)

Regulatory tweak on export controls

The federal government ย has tweaked the regulations it uses, ย under the Canadian Environmental Protection Act (CEPA 1999), to control which polluting substances can be exported from Canada.ย The new rulesย reduce redundancy, and add in Canadaโ€™s obligations under the Stockholm Convention. The oldย Export Control List Notification Regulations (ECLNR), SOR/2000-108ย have been repealed. In their place, theย Export of Substances...

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Published on: 4 Aug 2015 By

Records of Site Condition โ€“ common problems

Records of Site Condition are the regulatory documents used in Ontario to confirm whether a potentially or actually contaminated site meets acceptable standards for a particular land-use, under the Environmental Protection Act and O.Reg. 153/04. Theย Ministry of Environment and Climate Change has issued a Records of Site Condition-Getting them right, a listย of the most common...

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