In a recent decision, the Ontario Court of Appeal again held that an entire agreement clause in a contract is not a complete defence to claims involving pre-contractual misrepresentation claims. This decision comes on the heels of 10443204 Canada Inc.
All Things Canada
All Things Canada, published by Dickinson Wright, focuses on legal developments and issues relevant to Canadian business and regulatory environments. The blog covers topics such as securities regulation, privacy law, tax planning, real estate disputes, cross-border legal matters, and immigration. It provides updates on Canadian securities reporting requirements, privacy compliance expectations, tax litigation outcomes, property law including joint ownership disputes, and U.S.-Canada border regulations affecting Canadian visitors. The content is aimed at legal professionals and businesses navigating Canadian and cross-border legal frameworks, with an emphasis on practical implications of recent court decisions, regulatory proposals, and compliance strategies.
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Toronto’s New Vacant Home Tax – Deadline Fast Approaching
Toronto’s New Vacant Home Tax is an annual tax that will be levied on vacant Toronto residences starting in 2023. The Bylaw supporting the new vacant home tax came into effect on January 1, 2022, and the tax will become…
Supreme Court Limits Government’s Ability to “Constructively Take” Land
This column was originally published by Daniel Waldman on the Real Estate News Exchange (Renx.ca).
In a recent and long-awaited ruling, the Supreme Court of Canada has delivered an important decision on the de facto expropriation of land.…
An Entire Agreement Clause Is Not a Complete Bar to a Fraudulent Misrepresentation Defence
An entire agreement clause clarifies that the document in which it appears (and any other documents specified) constitutes the whole agreement between the parties. This helps ensure contractual certainty: the parties know that the deal is confined to the four…
Arbitrations Can Be Determined by Summary Judgment
A recent decision from the Ontario Court of Appeal has confirmed that an arbitrator has jurisdiction to resolve a dispute through a summary judgment motion. The decision confirms that an arbitrator’s discretion is delineated by the arbitration agreement reached between…
The Limits on Relief from Forfeiture of a Commercial Lease: Ontario’s highest court again sides with Landlords when Tenancies are disrupted by COVID-19
This column was originally published on the Real Estate News Exchange (Renx.ca).
In the latest chapter in the commercial tenancy battles caused by the pandemic, Ontario’s highest court has set out the limits on relief from forfeiture of…
The Duty of Good Faith when Dealing with Pre-construction Assets and Assignments of Interest
This column was originally published on the Real Estate News Exchange (Renx.ca).
An important decision from the Ontario Superior Court of Justice has affirmed two important principles: (1) Pre-construction assets should only be transferred when the builder’s consent…
Employee Electronic Monitoring Policy in Ontario
By Eric Kay
On April 11, 2022 new requirements for reporting the electronic monitoring of employees were added to the Employment Standards Act, 2000 (“ESA”). By October 11, 2022, employers with 25 or more employees must have a written policy on electronic monitoring.…
Canada Sanctions Iranian Officials for ‘Systematic Human Rights Violations’
Introduction
On October 3, 2022, the Honourable Melanie Joly, Canada’s Minister of Foreign Affairs, announced that Canada was imposing sanctions on 25 Iranian officials and 9 Iranian entities/organizations that are directly involved with implementing “repressive measures [to] violate human rights…
The Dire Consequences of Failing to Immediately Disclose a Settlement Agreement
If you ask most litigators which aspect of their practice keeps them awake at night, nine times out of ten, the answer will be missing a limitation period. This is a valid worry, of course. After all, if the deadline…