INTRODUCTION
Through the lens of case law, this article will provide an overview of the issue of quiet enjoyment in the context of commercial leasing. It will explore some common scenarios that may give rise to a potential breach and also highlight recent jurisprudence regarding government-imposed restrictions that interfered with tenants’ right to quiet enjoyment during the Covid-19 pandemic.
On October 25, 2022, the Ontario Securities Commission announced an 18-month pilot that provides a prospectus exemption that gives Ontario investors with qualifying education or work experience access to increased investment opportunities. The exemption also gives businesses headquartered in Ontario access to a new source of capital.
As of June 6, 2022, amendments to National Instrument 33-109 Registration Information (“NI 33-109“) and to National Instrument 31-103 Registration Requirements, Exemptions and Ongoing Registrant Obligations (“NI 33-101“) (the “Amendments“) come into force. These Amendments are relevant to all registration categories. Registrants will be required to update their internal policies and practices to comply with the Amendments. This article summarizes the Amendments and serves as a reminder about the upcoming changes.
It’s common for start-up and growing businesses to allocate a percentage of the company’s equity to stock options. The options are used to attract and incentivize key employees who are given the opportunity to share in the growing value of the business. However, many employees do not consider the tax implications of granting and exercising options. Getting familiar with the applicable tax consequences can help reduce the amount owing to Canada Revenue Agency (CRA) and avoid one particularly costly scenario.
Ontario (Attorney General) v. Clark, 2021 SCC 18
This Supreme Court of Canada decision was released on April 30, 2021. The Court held that Toronto police officers could not maintain an action against Crown prosecutors for “misfeasance in public office” because of the Crown’s handling of the prosecution of a case.
When I last reported on this case Yaiguaje v. Chevron Corporation 2017 ONCA 827, less than a month ago, I reported that Justice Gloria J. Epstein of the Ontario Court of Appeal had ordered that the Ecuadorian plaintiffs post security for costs of more than $942,000 in order to continue with an appeal from a summary judgment order dismissing their against Chevron Canada. In a decision released on October 31, 2017, a three judge panel of the Ontario Court of Appeal unanimously reversed Justice Epstein’s decision and vacated her order. The panel (Justices Hoy, Cronk and Hourigan) held that the unique factual circumstances of this case compelled the conclusion that the interests of justice required that no order for security for costs be made. Unlike their colleague, Justice Epstein, the panel concluded that the motion for security for costs was simply a tactical move made by Chevron to end the litigation.
In a judgment given on October 25, 2017, five justices of the Supreme Court of the United Kingdom held unanimously that dishonesty was not an essential element of the civil tort of cheating.
In Ivey v. Genting Casinos (UK) Ltd t/a Crockfords [2016] UKSC 67, the Supreme Court upheld the decision of Mr. Justice Mitting of the Queen’s Bench Division of the High Court of Justice. Lord Hughes wrote the decision for the court (Lord Neuberger, Lady Hale, Lord Kerr and Lord Thomas all agreed).
Many high-net-worth Ontarians have two wills to avoid paying high probate fees, but there are pitfalls to the practice, Toronto wills and estates lawyer Mary Wahbi tells AdvocateDaily.com.
“A lawyer has to be cautious when preparing these documents because errors can be disastrous,” says Wahbi, partner with Fogler Rubinoff LLP, a full-service firm with offices in Toronto and Ottawa. “There’s no cost savings if you have to go to court for an interpretation or rectification of the wills.”
In the recent case of Independence Plaza One Associates, LLC v. Figliolini 2017 ONCA44, the Ontario Court of Appeal confirmed that:
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