Some Ontario action on nine endangered species
The Ontario Ministry of Natural Resources (MNR) is taking another small step towards doing something for nine endangered species. Recovery “strategies” have been announced; now the government has to say what they will actually do to implement them.
Continue reading the post titled Some Ontario action on nine endangered species6 key elements of a business succession plan
Business succession planning is an important part of operating a successful business and developing a strong retirement plan. In this article, retired Siskinds’ partner and business lawyer, Henry Berg, discusses the importance of careful and intentional planning in order to ensure a successful business transition. For more information on professional corporations, please reach out to Katherine...
Continue reading the post titled 6 key elements of a business succession planFederal Carbon Tax Constitutional
Today, Ontario’s Court of Appeal found that the Federal Government’s Carbon scheme is constitutional, “regulatory in nature”, and “not a tax.” The Honourable Strathy, Chief Justice of Ontario, wrote that the Act[1] “is within Parliament’s jurisdiction to legislate in relation to matters of ‘national concern’ under the ‘Peace, Order, and good Government’ (‘POGG’) clause of...
Continue reading the post titled Federal Carbon Tax ConstitutionalVedanta Resources PLC v Lungowe, [2019] UKSC 20
Removing straitjackets, and widening the potential scope of parent company liability for a subsidiary’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...
Continue reading the post titled Vedanta Resources PLC v Lungowe, [2019] UKSC 20Risky business: Alleging cause if you don’t have it
So you have a problem employee that you want to terminate. Your employment lawyer reminds you that you would owe nothing to the employee in a “for cause” termination, but that it’s unlikely that you could prove cause in the circumstances. She then goes on to assess your common law reasonable notice obligation in a “without cause”...
Continue reading the post titled Risky business: Alleging cause if you don’t have itFinancial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong direction
In Cappelli v Nobilis Health Corp.[1] (“Cappelli”), Justice Perell, for purposes of a leave motion under Part XXIII.1 of Ontario’s Securities Act (“OSA”), considered the evidentiary value of an issuer’s public disclosure that it was restating previous financials and had control weaknesses. His Honour gave less weight to the restatement and admission of control weaknesses...
Continue reading the post titled Financial restatements and leave under part XXIII.1 of the Securities Act in Cappelli v Nobilis Health Corp.: A step in the wrong directionWhat are your environmental rights in Ontario? An overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28
Is there a right to a healthful environment in Ontario? Who has that right and what does it entail? Does the public have any say in the government’s ability to make environmentally significant decisions? These questions are the subject of longstanding and ongoing debates in Canadian environmental law. While no Canadian court has recognized constitutional...
Continue reading the post titled What are your environmental rights in Ontario? An overview of the Environmental Bill of Rights, 1993, S.O. 1993, c 28Know your privacy rights
A recent update from the office of the Privacy Commissioner of Canada provides insight into the prevalence and effect of data breaches in Canada In the digital age, the Internet plays a significant role in the daily lives of Canadians. Along with the benefits it brings in terms of connectivity, harmful consequences in the form...
Continue reading the post titled Know your privacy rightsEstablishing a medicine professional corporation: Who is permitted to own shares?
The Regulated Health Professions Act allows medical professionals to establish a corporation for the purpose of practicing medicine. Creating a Medicine Professional Corporation (MPC) may be financially beneficial for physicians since the tax rate of the corporation is much lower compared to the personal tax rate of the individual physician. There are many other benefits...
Continue reading the post titled Establishing a medicine professional corporation: Who is permitted to own shares?Affordable Housing and the Planning Act Authority for Parkland Dedication and Cash-in-Lieu
“You can neither lie to a neighbourhood park, nor reason with it. ‘Artists conceptions’ and persuasive renderings can put pictures of life into proposed neighbourhood parks or parks malls, and verbal rationalizations can conjure up users who ought to appreciate them, but in real life only diverse surroundings have the practical power of inducing a...
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