Focus On


  • SCC ruling will impact on business asset purchasers
    George Avraam says that, had a recent Ontario Court of Appeal decision ‘stood up, it would have put a wedge into what was believed to be settled law.’

    SCC ruling will impact on business asset purchasers

    Following the Supreme Court of Canada’s dismissal of the leave application in Krishnamoorthy v. Olympus Canada Inc., purchasers of business assets can rest assured that offers of continuing employment to vendors’ staff are in themselves sufficient consideration to support the validity of new employment agreements.

  • Future of Competition Bureau yet to be charted
    Brian Facey says that, ‘about every 15 years, people start questioning the purpose of competition law.’

    Future of Competition Bureau yet to be charted

    The first half of 2019 should see the appointment of a new commissioner of competition, a development that will shape the Competition Bureau’s direction and priorities for at least the next five years — all the more so because competition law is undergoing a global rethink again.

  • Uncertainty after ruling over disclosure requirements
    David Outerbridge says he expects a decision on the leave application in Solar Power Network Inc. v. ClearFlow Energy Finance Corp. this spring.

    Uncertainty after ruling over disclosure requirements

    Despite the Ontario Court of Appeal’s favourable ruling last September in Solar Power Network Inc. v. ClearFlow Energy Finance Corp., the uncertainty regarding the disclosure requirements under s. 4 of the federal Interest Act continues to hover over the lending community.

  • Issues that keep boards awake at night
    Cornell Wright says ‘increased volatility and competitive pressures in the business environment coupled with a legal framework that is imperfectly aligned with the expectations of stakeholders makes the role of directors more challenging than ever.’

    Issues that keep boards awake at night

    With proxy season looming, Canadian public issuers are taking their usual rear-view mirror peek at last year’s developments in corporate governance and disclosure, all with a view to ensuring that boards are properly prepared to meet shareholders’ expectations and demands.

  • Clarity around reunification therapy orders provided
    Beverley Johnston says there had been conflicting rulings at the Ontario Superior Court of Justice when it came to reunification therapy.

    Clarity around reunification therapy orders provided

    In cases where there is genuine alienation between a parent and child, a court may look to order reunification therapy as a means of reconciling them.

  • Ruling changes the way co-parents recognized
    Marta Siemiarczuk says a recent Ontario Superior Court of Justice decision helps to expand the concepts of family and parenting, both legally and socially.

    Ruling changes the way co-parents recognized

    A recent case has changed the laws in Ontario around adoption after two women successfully challenged the 2017 changes to the provincial Child, Youth and Family Services Act.

  • Divorce Act changes bring in less adversarial language
    Ron Shulman says he is pleased by the introduction of contact orders in the new federal Divorce Act, which allow for non-spouses such as grandparents to have time with children.

    Divorce Act changes bring in less adversarial language

    Last year, headlines were made when the federal government announced an overhaul to the federal Divorce Act.

  • Grey divorces pose legal challenges
    Georgina Carson says most ‘grey’ divorces deal with situations where children are grown up, which eliminates custody and access issues.

    Grey divorces pose legal challenges

    Divorces that happen later in life can have unique legal challenges, such as the proximity to retirement, life insurance and whether or not grown children become participants in the proceedings.

  • Program unfair until cap lifted
    Matthew Jeffery says a new federal system where people sponsor family members to come to Canada is only marginally better than the old lottery.

    Program unfair until cap lifted

    The Sponsorship of Parents and Grandparents program will retain an element of unfairness until the annual cap on applicants is lifted, according to some immigration lawyers.

  • Uncertainty around program causes concern
    Barbara Jo Caruso says it’s important for the federal government to get a program aimed at foreign caregivers right.

    Uncertainty around program causes concern

    Just more than a year ago, the federal government confirmed the expiry in November 2019 of two pilot programs allowing caregivers for children and adults with high medical needs to apply for permanent residence following admission under the Temporary Foreign Worker Program.

Law Times Poll


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