Monday’s Mix

Each Monday we present brief excerpts of recent posts from five of Canada’s award­-winning legal blogs chosen at random* from more than 80 recent Clawbie winners. In this way we hope to promote their work, with their permission, to as wide an audience as possible.

This week the randomly selected blogs are 1.Labour Pains 2.Canadian Appeals Monitor 3. 2.FamilyLLB (Russell Alexander) 4. Canadian Securities Law 5. Condo Adviser

Labour Pains
If a Termination Provision Potentially Violates the ESA, It Is Void: ONCA

“If a [termination] provision’s application potentially violates the ESA at any date after hiring, it is void.” I could not have said it any better myself.

In a very short endorsement released by the Court of Appeal for Ontario on April 5, 2017, Covenoho v. Pendylum Ltd., 2017 ONCA 284, Ontario’s top court confirmed what many of Ontario’s employment lawyers having been saying for years now: a poorly drafted employment agreement is going to prove costly. …

Canadian Appeals Monitor

No Place To Hide: Service In States That Are Not Signatories To The Hague Convention

On February 23, 2017, the Supreme Court of Canada refused leave to appeal the Court of Appeal’s decision in Xela Enterprises Ltd. v. Castillo: a case in which the Court determined that it is acceptable to serve parties in accordance with the Rules of Civil Procedure in states that are not signatories to the Hague Convention. …

FamilyLLB (Russell Alexander)
All Parents Are Equal Act, 2016 Now In Force – Surrogacy Arrangements Impacted

Several months ago, I wrote a series of pieces including: Ontario Government Introduces Bill to Strengthen the Legal Status of All Parents, New Surrogacy and Parenting Declaration Laws Upcoming in Ontario, and New Proposed Law Clarifies Parentage, Surrogacy Rights, and Rights Arising from Assisted Reproduction about the All Parents Are Equal Act, 2016.

That Act is now in force, effective January 1, 2017 and (among several other things) amends the Ontario Children’s Law Reform Act to change the former practice around surrogacy arrangements. …

Canadian Securities Law

Common Reporting Standard guidance published by the CRA

On March 22, 2017, the Canada Revenue Agency (CRA) issued the long awaited “Guidance on the Common Reporting Standard”. The Common Reporting Standard (CRS), which is formally referred to as “Standard for Automatic Exchange of Financial Account Information in Tax Matters”, is contained in under Part XIX of the Income Tax Act (the Act).

Within the publication are various commentaries that cross-reference the U.S. Foreign Account Tax Compliance Act (FATCA) contained in Part XVIII of the Act in the implementation of CRS. …

Condo Adviser
New Condo Authorities Launch their Websites!

The “new” Condo Act and the new Condo Management Services Act are expected to be implemented in phases over the next few months. While proposed regulations to this legislation are still in draft form, the new “Condo Authorities” expected to be set up just launched their web sites. Have a look! …

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*Randomness here is created by Random.org and its list randomizing function.