Business
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June 21, 2024
Public school boards are bound by Charter; tribunals’ Charter rulings reviewed for correctness: SCC
In an important Charter and standard of review case, the Supreme Court of Canada has ruled that labour arbitrators and other administrative tribunals “should play a primary role” in deciding Charter issues within their bailiwicks — which Charter determinations courts should review on a “correctness” rather than “reasonableness” standard — and that the Charter applies to Ontario public school boards, thereby protecting board employees’ reasonable expectations of privacy in their workplaces and shielding employees from unreasonable search or seizure by their employers.
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June 21, 2024
Feds ban foreign students from ‘flagpoling’ at border to bypass work permit wait times
The federal government has announced that foreign nationals will no longer be allowed to apply for post-graduation work permits (PGWP) at the border, according to a release by Immigration, Refugees and Citizenship Canada (IRCC).
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June 21, 2024
Ontario Court overturns finding that company directors were personally liable in property dispute
The Ontario Court of Appeal has overturned a finding that the directors of two companies were personally liable for the proceeds of the sale of a property that was the subject of a joint venture dispute.
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June 21, 2024
Court of Appeal rules $730K business debt for pipeline cleanup not covered by B.C. environmental law
The British Columbia Court of Appeal has allowed an appeal in a ruling that found that the lower court judge erred in determining that a creditor’s recovery claim for environmental remediation work related to a pipeline spill involved issues to be tried, rather finding that there was no cause of action.
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June 21, 2024
Canada imposes sanctions on three Haitian gang leaders
The federal government has announced sanctions targeting three Haitian gang leaders in response to continuing chaos in the Caribbean country.
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June 21, 2024
Tax implications of Canadians selling U.S. property under Foreign Investment in Real Property Act
The real estate market is heating up again in some areas of the United States, and Canadians may be interested in selling, particularly in time for changes in the capital gains rates in Canada. There are tax consequences for doing this, which need to be understood. We will assume in our examples that the individual is a Canadian tax resident and all dollars are at par.
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June 21, 2024
Settler’s remorse: Professional negligence claim against litigation lawyer dismissed
In Kiselbach v. DeFilippi, 2024 YKSC 7, the Supreme Court of Yukon dismissed a professional negligence claim against a litigation lawyer who acted for the plaintiffs in a dispute with their former U.S. business partner. While the plaintiffs’ lawyer was found to have breached the applicable standard of care in failing to advise them about a potential settlement option, the plaintiffs nevertheless failed to establish that the lawyer’s error was the legal cause of any damages.
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June 20, 2024
Airline held liable for negligent risk assessment before flying through conflict zone
On June 10, 2024, following an 18-day trial in Toronto, Justice Jasmine Akbarali of the Ontario Superior Court of Justice found that Ukraine International Airlines (UIA) failed to prove that it was “not negligent” in allowing flight PS752 to depart Tehran on Jan. 8, 2020.
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June 20, 2024
Feds promise faster permitting processes to accelerate green infrastructure projects
Ottawa’s Ministerial Working Group on Regulatory Efficiency for Clean Growth Projects is recommending the launch of a federal permitting co-ordinator on clean growth projects and faster permitting times, including a limit of three years on nuclear projects.
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June 20, 2024
Securities regulators ease rules on exempt market dealers to stimulate startup financing
Securities regulators in several provinces are hoping a new initiative to temporarily loosen restrictions on exempt market dealers will make it easier for early-stage companies to raise private capital.