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Published on: 26 Sep 2019 By

Financial 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] (โ€œCappelliโ€), Justice Perell, for purposes of a leave motion under Part XXIII.1 of Ontarioโ€™s Securities Act (โ€œOSAโ€), considered the evidentiary value of an issuerโ€™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...

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Published on: 16 Dec 2019 By

Should I franchise my business?

Franchising as a business expansion model has many advantages and can be a great choice for the right business. However, not all businesses are well-suited to be franchised (sometimes called โ€œfranchisableโ€). Moreover, a business needs to be at the right stage to start franchising. This article addresses some characteristics that make a business more or...

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Published on: 17 Dec 2014 By

Contracts and the doctrine of good faith โ€“ A New Era

In Bhasin v Hrynew, the Supreme Court of Canada made a significant ruling regarding the duty of good faith in contract relationships. This will provide guidance to an area of Canadian law described as โ€œpiecemeal, unsettled and unclear.โ€. In this article, Cole Vegso provides a brief explanation of the decision and considers some of the...

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Published on: 30 Sep 2014 By

Contributing to your RDSP

The Registered Disability Savings Plan (RDSP) is a government assisted savings plan available to individuals who qualify for the Disability Tax Credit (DTC) and is intended to help ensure the financial security of an individual with a disability. Federal government contributions may also be available for the RDSP which can make this vehicle an excellent...

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Published on: 5 Dec 2019 By

Investigations and inspections

What to do when the Ministry of the Environment, Conservation and Parks comes knocking It can be unnerving when a provincial officer from the Ministry of the Environment, Conservation and Parks (โ€œMECPโ€) shows up at your business unannounced. Being prepared, and understanding your rights and responsibilities, is critical in protecting your interests. Inspections versus investigations...

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Published on: 4 Mar 2014 By (Dianne Saxe)

New Ontario Invasive Species law posted for comment

Ontario’s Ministry of Natural Resources is inviting “constructive” commentsย by by April 14, 2014ย on its proposed new Invasive Species Act. Theย proposed Invasive Species law would make Ontario ย the first jurisdiction in Canada with stand-alone invasive species legislation. It would also contribute to progress on commitments made in the 2012 Ontario Invasive Strategic Plan, the 2012 Canada...

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Published on: 5 Jun 2013 By

Inspections v Investigations: Do You Know the Difference?

Do you manage a business? Do you know the difference between an EPA inspection and an EPA investigation? In the newest post from our blog Clearing the Air, Paula Lombardi looks at this important issue and offers advice that will help your business be prepared.As mentioned in the last post, the Environmental Protection Act (EPA)...

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Published on: 1 Feb 2015 By

Gift Card Expiry Dates – Know Your Rights and Get the Facts!

Gift cards are one of the most popular gifts during the holiday season. Whether you are buying them for friends and family, or a lucky recipient, it is helpful to know that there is legislation in place to protect consumers and prevent retail outlets from eating away at your generous gift by tacking on exorbitant...

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Published on: 21 Mar 2014 By

National class actions to be considered at the national level: The Supreme Court of Canada grants leave to appeal in Meeking v Cash Store Inc

On February 27, 2014, the Supreme Court of Canada granted leave to appeal the decision of the Manitoba Court of Appeal in Meeking v Cash Store Inc, 2013 MBCA 81. Meeking partially enforced an order approving the settlement of a class action by the Ontario Superior Court that determined the rights of Manitoba residents. In...

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