vLex Canada

Draft Bills

  • President Trump extends Presidential Proclamations, which temporarily suspended the entry of certain non-immigrants and immigrants to the United States

    We previously discussed two Presidential Proclamations, which President Trump had signed in response to the COVID-19 pandemic... (See Article)

    Jan 20, 2021 11:33 AM

  • New B.C. Rules for Contaminated Sites May Significantly Impact Businesses

    On February 1, 2021, amendments to British Columbia’s Environmental Management Act and Contaminated Sites Regulation will come into force, changing the process for identifying contaminated sites in B.C. The changes will capture more contaminated sites and will impose more requirements on those who own or operate on contaminated land, including an automatic site investigation and reporting requirement. (See Article)

    Jan 20, 2021 11:33 AM

  • McCain Foods Limited v. J.R. Simplot Company - 2021 FCA 4

    This decision concerns two appeals from a decision of the Federal Court (2019 FC 1635, per McVeigh J., hereinafter the Judge) which allowed in part an appeal of a decision of Prothonotary Aylen (the Prothonotary) in the context of a patent infringement action. In the action, McCain Foods Limited (McCain) alleges that J.R. Simplot Company and Simplot Canada (II) Limited (together, Simplot) infringe Canadian Patent No. 2,412,841 entitled “Process for Treating Vegetables and Fruit Before Cooking” (the Patent). Specifically, McCain alleges that Simplot’s use of a system that uses a pulsed electric field (PEF) to reduce the resistance of frozen fruits and vegetables to cutting after they are cooked infringes the Patent. (See Decision)

    Jan 20, 2021 11:07 AM

  • Warner Bros. Entertainment Inc. v. White (Beast IPTV) - 2021 FC 53

    The Plaintiffs executed on November 24, 2020, an interim injunction issued pursuant to rule 374 of the Federal Courts Rules, SOR/98-106, as amended [FCR]. The interim injunction was granted following an ex parte motion because giving notice to the Defendants would defeat the purpose of the motion. It was extended, on consent of all parties, to allow for the Defendants to hire counsel to represent their interests. The terms of the interim injunction continued to apply until judgment is to be rendered on the motion brought by the Plaintiffs, dated December 1, 2020. This is the said judgment. (See Decision)

    Jan 20, 2021 11:07 AM

  • Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research - 2021 FC 41

    Hospira Healthcare Corporation v. Kennedy Trust for Rheumatology Research (See Decision)

    Jan 20, 2021 11:07 AM

  • Ozcevik v. Canada (Revenue Agency) - 2021 FC 13

    The Applicant, Ozkan Ozcevik, complains the Canada Revenue Agency’s hiring policy giving preference to Canadian citizens is discriminatory. He seeks judicial review of the Canadian Human Rights Commission’s decision not to deal with his complaint because it is frivolous: Canadian Human Rights Act, RSC 1985, c H-6 [CHRA], s 41(1)(d). (See Decision)

    Jan 20, 2021 11:07 AM

  • Canada amends CSP Regulations, adding UK to list of “timely submission requirement” countries

    Canada has added the UK to the list of countries that must be considered for the “timely submission requirement” in an application for a Certificate of Supplementary Protection (CSP). The change was implemented by an amendment to the CSP Regulations that came into force on January 6, 2021. Impact on “timely submission requirement” CSP eligibility... (See Article)

    Jan 20, 2021 9:33 AM

  • Drones: A Licence to Deliver

    The COVID-19 pandemic has forced the world to reduce travel, distance from one another and rethink the status quo. This has provided an opportunity for the commercial use of drones (remotely piloted aircraft systems). Companies and governments are beginning to see the practical applications and the efficiencies of drones in an environment where the world continues to move fast, but at a distance. For example, drones are being used to deliver important medical supplies and COVID-19 test kits to remote communities, a task that would be more expensive and time-consuming with traditional aircraft. Drone technology is rapidly improving, therefore the transportation of cargo to precise locations and at great distances is within reach. (See Article)

    Jan 20, 2021 9:32 AM

  • Are You Ready for Your CEWS Audit?

    The Canada Emergency Wage Subsidy (CEWS) program is by now well-known. It was introduced by the federal government on March 15, 2020, and pays a qualifying employer adversely impacted by the COVID-19 pandemic up to 75 percent of its employees' eligible remuneration. The basic idea is to provide subsidies to certain Canadian employers who experienced a drop in revenue due to COVID-19 in order to encourage them to retain (or re-hire) their workers until normal operations could be resumed. It appears that many employers took the government up on their offer because, as of January 10, 2021, over 2.1 million CEWS applications had been received and nearly 99 percent were approved. To date, nearly $57.8 billion in subsidies had been paid out. (See Article)

    Jan 20, 2021 9:32 AM

  • Details regarding the COVID-19 testing requirement for international travellers now available

    On January 4, 2021, we previously reported that virtually all international passengers flying to Canada from another country would be required to provide evidence of a negative COVID-19 test prior to boarding (the Testing Requirement). However, only limited guidance regarding the Testing Requirement was available at that time.  (See Article)

    Jan 20, 2021 9:32 AM

  • CCAA Debtor Must Pay Post-Filing Rent for the “Use” of Leased Premises

    Since the beginning of the COVID-19 pandemic, insolvent companies have sought court intervention relating to the payment of rent during lockdown periods. In the most recent decision on this issue, the Quebec Superior Court (Court) ruled that a debtor undergoing a restructuring under the Companies’ Creditors Arrangement Act (Canada) (CCAA) should not be relieved of its obligation to pay post-filing rent, even in circumstances where its ability to use the leased premises is constrained by governmental orders. (See Article)

    Jan 19, 2021 7:32 AM

  • An Important Clarification of the Duty of Honest Contractual Performance

    Background - Six years ago, in Bhasin v. Hrynew (“Bhasin”), the Supreme Court of Canada (“SCC”) recognized a contractual duty of honest performance.[1] On December 18, 2020, the SCC released its decision in CM Callow Inc. v. Zollinger (“Callow”), clarifying that duty. (See Article)

    Jan 19, 2021 7:32 AM

  • 1151390 Ontario Inc. et al v. Metrolinx - 2021 ONSC 347

    The plaintiffs have sued the defendant, alleging that it negligently misrepresented its intention to acquire the plaintiffs’ property for a future GO Train station. Once pleadings closed, the defendant brought a motion for summary judgment to have the action dismissed. (See Decision)

    Jan 18, 2021 11:07 PM

  • R v. Simonelli - 2021 ONSC 354

    The issue to be decided in this application is the appropriate remedy for a Charter of Rights and Freedoms breach caused by a lengthy delay in holding the Applicants’ special bail hearing (i.e. a bail hearing requiring two hours or more). The delay between the Applicants’ arrests and their bail hearing was 12 days. On behalf of the Crown, Mr. Kingdon fairly concedes that as a result, Section 11(e) of the Charter was breached--the right not to be denied reasonable bail without just cause. He also agrees that the delay in holding the bail hearing was a systemic failure, not an isolated event, although in doing so, Mr. Kingdon did not agree the systemic problem was as long standing as the Applicants contend. (See Decision)

    Jan 18, 2021 11:07 PM

  • Primont Homes (Vaughan) Inc. v. Maplequest (Vaughan) Developments Inc. - 2021 ONSC 102

    This case is currently case managed under the program entitled “Provincial Civil Case Management Pilot – One Judge Model” (the Pilot Program), which was offered to parties under the “Practice Advisory Concerning the Provincial Case Management Pilot – One Judge Program” dated January 3, 2019 (the Practice Advisory). (See Decision)

    Jan 18, 2021 11:07 PM

  • R. v. Patriquin - 2021 ONSC 359

    This matter is scheduled for sentencing submissions on January 8, 2021. On January 14, 2020, Mr. Patriquin pleaded guilty to robbery, use of an imitation weapon and wearing a mask in the commission of an indictable offence. He was convicted on the basis of an agreed Statement of Facts. As part of its submission, the defence has brought a constitutional challenge to the mandatory minimum sentence applicable in this case pursuant to s. 85(3) of the Criminal Code of Canada. (See Decision)

    Jan 18, 2021 11:07 PM

  • Margulis v. E. Manson Investment Limited - 2021 ONSC 377

    This endorsement confirms a case management teleconference held January 15, 2021. (See Decision)

    Jan 18, 2021 11:07 PM

  • Reference re Public Services Sustainability (2015) Act - 2021 NSCA 9

    On August 22, 2017, the Attorney General of Nova Scotia filed a Reference to this Court pursuant to Section 3 of the Constitutional Questions Act, R.S.N.S. 1989, c. 89. On October 13, 2017, it filed an Amended Notice of Reference. The Amended Reference asked this Court to consider the following questions: (See Decision)

    Jan 18, 2021 11:07 PM

  • John Howard Society of Canada v. Her Majesty the Queen - 2021 ONSC 380

    The applicant, John Howard Society of Canada (“JHSC”), seeks a declaration that s. 163(3) of the Corrections and Conditional Release Regulations, SOR/92-620 (the “Regulations”) is invalid as it violates the Canadian Charter of Rights and Freedoms s. 7 protected right to life, liberty, and security of the person in a manner that is not in accordance with the principles of fundamental justice and is not demonstrably justified in a free and democratic society under s. 1. (See Decision)

    Jan 18, 2021 11:07 PM

  • Dillman v. Dillman - 2021 ONSC 326

    This is an appeal from the order of the Honourable D.E. Harris (the Motion Judge) dated October 29, 2019 and November 27, 2019 (the Order) which provides that the Appellant, Grant Edward Dillman, pay to the Respondent, Elizabeth Lila Dillman, commencing August 1, 2018 and on the first of each month thereafter, $1,200.00 in spousal support; that any payments made since August 1, 2018 by the Appellant in spousal support are to be deducted from the obligation; that the Appellant maintain life insurance in favour of the Respondent; and that the obligations are to remain in place until the death of either party. (See Decision)

    Jan 18, 2021 11:07 PM

  • R v Pritchard - 2021 ABQB 39

    On January 16, 2019, I convicted Trevor Philip Pritchard of the following offences: (See Decision)

    Jan 18, 2021 11:07 PM

  • Hutterian Brethren Church of Rosebud v Canadian Western Trust Company - 2021 ABCA 8

    We heard submissions from the appellant Hutterian Brethren Church of Rosebud (the Rosebud Colony). We did not find it necessary to hear oral submissions from the respondent Canadian Western Trust Company (CWT) in addition to their written materials. The panel dismissed the appeal from the bench with reasons to follow. These are the reasons. (See Decision)

    Jan 18, 2021 11:07 PM

  • 1777453 Alberta Ltd v Got Mold Disaster Recovery Services Inc - 2021 ABCA 9

    This in an appeal by a franchisee which was denied a remedy for a breach by its franchisor of the Franchises Act, RSA 2000, c F-23. (See Decision)

    Jan 18, 2021 11:07 PM

  • Allard v. The University of British Columbia - 2021 BCSC 60

    This dispute arises from a generous donation by the petitioners, Peter A. Allard Q.C. and the Allard Prize Foundation, to the respondent, the University of British Columbia (“UBC”), in exchange for certain naming and branding rights in perpetuity (the “Gift Agreement”). (See Decision)

    Jan 18, 2021 11:07 PM

  • New Generation Woodworking Corp. v. Arviv - 2021 ONSC 320

    On the first day of the videoconference trial hearing, January 13, 2021, Mr. Arviv appeared along with Mr. Skipper and Mr. Wiffen. Mr. Arviv made two motions: a motion asking me to overturn my order of January 7, 2021 refusing an adjournment of the trial hearing; and a motion that I recuse myself on the grounds that Mr. Arviv has a reasonable apprehension of bias concerning me. I heard oral argument over the course of that day and adjourned the trial until January 14, 2021. (See Decision)

    Jan 18, 2021 11:07 PM

  • R. v. Schramek - 2021 ONSC 7764

    This is a decision as to sentence and reasons for that sentence. (See Decision)

    Jan 18, 2021 11:07 PM

  • Brown Bros. Motor Lease Canada Ltd. v. Workers’ Compensation Appeal Tribunal - 2021 BCSC 53

    This is an application for judicial review of a decision of the Workers’ Compensation Appeal Tribunal (the “WCAT”). The WCAT’s decision (the “Decision”) is indexed as WCAT Decision Number A1603743. (See Decision)

    Jan 18, 2021 11:07 PM

  • Stephen v. Namburi - 2021 ONSC 351

    The Applicant, Mr. Stephen, seeks damages from the Respondents, Radhakrishna Namburi and VRK Forex Investments Inc. (“the Respondents”), totalling $137,772 CAD. Mr. Namburi is the sole director of VRK Forex Investments Inc. (See Decision)

    Jan 18, 2021 11:07 PM

  • Schweitzer v. Li - 2021 BCSC 52

    This is a personal injury claim arising from a motor vehicle accident. (See Decision)

    Jan 18, 2021 11:07 PM

  • R v Dauphinais - 2021 ABQB 29

    This is a decision on a voir dire to determine whether various statements made by a four-year-old child in 2002 are admissible as a principled exception to the hearsay rule in a trial to be held this year. (See Decision)

    Jan 18, 2021 11:07 PM