Articles 2021

This article considers the so-called "resale exemption" from the requirement in Ontario's Arthur Wishart Act (Franchise Disclosure) that the franchisor make disclosure to a prospective franchisee. After examining the leading judicial cases relating to the resale exemption, the author demonstrates that the scope of the exemption is construed narrowly.

The threat of vicarious liability in tort and over a franchisee’s employees is one of the most important, and potentially costly, concerns for franchisors. The article discusses recent changes in the U.S. law that are impacting franchisors, and the potential impacts in Canada.

What are the potential consequences of a party surreptitiously obtaining their spouse’s private communications with a goal of using them against the spouse in family law proceedings? The recent case of Moran v. Moran, 2023 ONSC 6832 discusses an interesting remedy to a situation that often arises in family law disputes.

An overview of the jurisprudence with respect to incarcerated parents seeking parenting Orders with their children and attempts to identify the deficiencies in the current approach adopted by the various provincial and federal actors involved in facilitating parenting time between children and incarcerated parents. The article summarizes key themes that emerge throughout the legislation and jurisprudence on this issue and urges family lawyers to consider the impact of incarceration on parenting.

The topic of real estate often intersects with family law and as not all family law lawyers practice real estate (or have a friend to call that does), this article strives to summarize some key points that may be notable: spousal consent, matrimonial home designations, and joint tenancy as it relates to death.

The recent decision of Yatar v. TD Insurance Meloche Monnex brings a much-needed addition to the caselaw pertaining to the proper approach for judicial review of administrative decisions. While a court does have discretion to hear an application for judicial review and decide issues on the merits, including whether to deny relief, this discretion does not extend to declining consideration of the application for judicial review altogether.

On Friday, January 26, 2024, the Minister of Municipal Affairs and Housing issued a Ministerial Zoning Order (MZO), O. Reg. 10/24, reducing the heights of the protected air ambulance flight paths for St. Michael’s Hospital and the Hospital for Sick Children (SickKids).

In Glencore Canada Corporation v. The Queen (2024 FCA 3), the Federal Court of Appeal (“FCA”) dismissed the taxpayer’s appeal on whether fees related to a failed bid were received on income or capital account. The FCA held that the fees were included in income as an inducement payment pursuant to paragraph 12(1)(x).

In Madison Pacific Properties Inc. v The King, the Tax Court of Canada found that the GAAR applied to deny the appellant’s deduction of net capital losses, citing the Supreme Court of Canada’s decision in Deans Knight for the first time in a loss-trading case. Two companies had acted in concert to fundamentally transform the appellant and use non-voting shares to access its losses without acquiring de jure control of the appellant contrary to the object, spirit, and purpose of subsection 111(4).