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Who We Are

At Aird & Berlis, we provide strategic legal and business advice in all principal areas of corporate commercial law, including corporate finance, banking, insolvency and restructuring, energy, environmental, infrastructure/P3, technology and intellectual property, litigation, labour and employment, municipal and land use planning, real estate and tax. 

We focus on your legal issues, so you can focus on your business.

Recent Developments

Events
Startup Grind Toronto Presents Techstars Canada Nov 29, 2017 Techstars, the prestigious startup accelerator based in Boulder, Colorado, has launched a program... Techstars, the prestigious startup accelerator based in Boulder, Colorado, has launched a program in Toronto in partnership with Montreal-based venture capital fund Real Ventures. The Toronto program is jointly funded by Techstars and Real Ventures. Come out and learn more about the program and h...
Publications Article
Ontario Government Passes Sweeping Changes to Employment Standards Legislation Michael F. Horvat Nov 23, 2017 Bill 148, the Fair Workplaces, Better Jobs Act, 2017, was passed by the Ontario legislature on Wednesday, November 22, 2017. The changes to the Employment Standards Act, 2000, passed yesterday will impact all Ontario businesses and how they manage: independent contractors; scheduling an...
Publications Article
Teva Canada, Cheque Fraud and Risk Allocation for Collecting Banks Jill P. Fraser and Timothy Jones Nov 22, 2017 In Teva Canada Ltd v TD Canada Trust, 2017 SCC 51, the Supreme Court of Canada ruled in a fiercely-contested, 5-4 split decision, that a company victimized by employee cheque fraud can recover its $5.5-million loss from the banks that deposited the fraudulent cheques. This ruling signifies that ...
Publications Article
CRA’s Super-Priority Remains Operative Over Pre-Bankruptcy Payments to Secured Creditor Alyssa Gebert and Sean Green Nov 22, 2017 Secured creditors have taken note and expressed concern regarding a recent decision from the Federal Court of Appeal, which has upended conventional wisdom regarding the priority and treatment of GST/HST arrears in a bankruptcy. In Canada v. Callidus Capital Corp,1 the FCA found a secured credito...
Publications Article
Cannabis Excise Duties Angelo Gentile Nov 17, 2017 On November 10, 2017, the Government of Canada announced its proposed excise duty framework (including detailed draft legislation) in respect of cannabis, which includes new excise duties and detailed licensing, stamping and reporting requirements for cannabis licensees.
Publications Article
Ontario Moves Closer to Marijuana Legalization Fiona Brown and Margaret T. Nelligan Nov 17, 2017 On November 1, 2017, the Government of Ontario introduced Bill 174, Cannabis, Smoke-Free Ontario and Road Safety Statute Law Amendment Act, 2017. If passed, Bill 174 will enact, amend and replace legislation applicable to the sale, distribution and use of cannabis in the province of Ontario.
Publications Article
Debt Financing for Cannabis Companies – A Market Update Graham Topa and Timothy Jones Nov 17, 2017 In the April 6, 2017 edition of Collateral Matters, Aird & Berlis LLP’s banking law newsletter, our article entitled A “Green Rush” for Debt Financing? canvassed some legal and business issues specific to debt financing of Canada’s regulated cannabis industry. The “green rush” towards equity fina...
Publications Article
Supreme Court of Canada Allocates Cheque Fraud Risks to Banks Oct 31, 2017 The Supreme Court of Canada has released its decision in Teva Canada Ltd. v. TD Canada Trust, 2017 SCC 51 (“Teva”). In a 5-4 split, the Supreme Court ruled that a company victimized by employee cheque fraud can recover its $5.5-million loss from the banks that deposited the fraudulent cheques.
Events
Avoiding a Privacy Breach: How to Train Employees and Contractors Donald B. Johnston, Meghan A. Cowan and Paige Backman Oct 31, 2017 Join our panel of leading legal experts for an informative discussion on practical things you, and your employees, can do that will reduce the risk of a cyber-attack and protect your data.
Publications Article
Bill 139: Third Reading and Royal Assent Expected November 2017 Patrick Harrington and Meaghan Barrett Oct 30, 2017 Bill 139 (Building Better Communities and Conserving Watersheds Act, 2017) is expected to return to Queen’s Park for Third Reading and receive Royal Assent in November 2017. The Bill’s coming into force date has yet to be determined.
Publications Article
Accommodation Before Frustration – Addressing Long-Term Absence from the Workplace Michael F. Horvat Oct 27, 2017 For businesses both big and small, reintegrating an employee who is recovering from an illness or injury (whether suffered at work or on their own time) can be a difficult balancing act. The employer must be flexible and patient with the recovering employee in order to determine the nature and ex...
Publications Article
Canadian Securities Exchange and OTC Markets Group Announce Strategic Alliance to Attract Foreign Issuers to North America Sherri M. Altshuler and Tyler Brent Oct 26, 2017 The Canadian Securities Exchange (“CSE”) and OTC Markets Group recently announced a strategic alliance to offer a new program for issuers looking to go-public in Canada and have cost-effective access to North American investors. Both the CSE and OTC Markets Group hope to utilize the strategic all...
Publications Article
TSX, TSX-V and CSA Clarify Their Positions on Listed Entities with Ties to U.S. Marijuana Market Richard M. Kimel, Daniel Everall and Tyler Brent Oct 26, 2017 On October 16, 2017, the Toronto Stock Exchange (“TSX”), the TSX Venture Exchange (together with the TSX, the “Exchanges”) and the Canadian Securities Administrators (the “CSA”) released separate guidance clarifying their positions on the regulation of entities with ties to the U.S. marijuana mar...
Insights EnergyInsider
Ontario’s Auditor General Highlights the Cost of the Fair Hydro Plan David Stevens Oct 25, 2017 On October 17, 2017, Ontario Auditor General Bonnie Lysyk released a special report titled The Fair Hydro Plan: Concerns About Fiscal Transparency, Accountability and Value For Money. The AG Report is quite critical of the Ontario government’s approach to the “Fair Hydro Plan,” stating (among oth...
Publications Article
Department of Finance Announces Abandonment of Surplus Stripping Proposals Oct 20, 2017 On Thursday, October 19, 2017, the Department of Finance announced that it will not pursue its proposed measures targeting transactions which are intended to convert income into capital gains (the “Surplus Stripping Proposals”). The Surplus Stripping Proposals were announced in the Ju...
Publications Article
Finance Minister Bill Morneau Clarifies Intended Scope of Proposed Tax Regime on Passive Investment Income Earned by Private Corporations Oct 19, 2017 On Wednesday, October 18, 2017, Minister of Finance Bill Morneau clarified some aspects of the Department of Finance’s proposed measures to tax investment income earned by private corporations (the “Passive Income Proposal”). The Passive Income Proposal was announced in the July 18, 2017 consulta...
Publications Article
Leasing to Cannabis Businesses Marco Gammone and Daniel Everall Oct 12, 2017 The Controlled Drugs and Substances Act currently lists cannabis as a controlled substance.​1 The Act also stipulates that the production, possession and sale of cannabis is illegal. Though the Act carves out an exception for medicinal marijuana, the Access to Cannabis for Medical Purposes Regula...
Publications Newsletter
Doing Business in Canada - October 2017 Oct 06, 2017 Aird & Berlis LLP is pleased to present the October 2017 edition of Doing Business in Canada. This publication was developed to provide a general overview of Canadian federal and Ontario law and is intended for those planning to start, acquire or invest in a business in Canada.
Insights EnergyInsider
TransCanada Abandons Energy East Project David Stevens Oct 05, 2017 On October 5, 2017, TransCanada Corporation announced that it will not proceed with the Energy East and Eastern Mainline projects. As a result, TransCanada will withdraw its applications to the National Energy Board for these projects.
Insights TheSpotlight
‘Creative Canada’ – More Musings Stephen Zolf Sep 29, 2017 Yesterday’s posts (here and here) outlined Netflix’s agreement with the government to invest a minimum of $500 million in original productions in Canada over the next five years. Under the agreement, Netflix “will also work to promote Canadian films and programs on its platform ...
News Firm News
Aird & Berlis Recognized in Chambers Canada 2018 Jack Bernstein, Fred D. Cass, Ron W. Clark, D. Robb English, Steven L. Graff, Martin Kovnats, Lorenzo Lisi, N. Jane Pepino, Hayden Solomons, Heidi Visser, Barbara Worndl, Douglas J. S. Younger, Steven Zakem and Stephen Zolf Sep 28, 2017 Aird & Berlis is pleased to announce that the following members of the firm have been recognized as top practitioners in the 2018 edition of Chambers Canada: Canada’s Leading Lawyers for Business.  Jack Bernstein  Tax (Nationwide) ...
Insights StartupSource
Aird & Berlis Supports York University Startups with Annual Award Sep 26, 2017 Aird & Berlis recently announced that it had committed to providing $100,000 worth of support to the next generation of top entrepreneurs coming out of York University’s AccelerateUP program. For each of the next four years, select companies in the AccelerateUP program will compete for ...
Insights TheSpotlight
Equifax Breach - The Breach That Will Keep on Giving Paige Backman and Meghan A. Cowan Sep 14, 2017 At this point, if you haven’t heard of the Equifax data breach, it could only be because you have rightfully been glued to the coverage of (or living through) Hurricane Irma, Harvey or Jose. On September 7, 2017, Equifax revealed that it was the subject of a cybersecurity breach over the s...