Insights

Destruction of Evidence

MT Insurance Law Blog

The destruction of evidence, either intentional or through negligence, impedes the ability of the trier of fact to find the truth and reach a just determination of the issues. The destruction of evidence during ongoing or contemplated litigation, intentional or […]

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Termination Clauses in BC: Perfection (Maybe) Not Required

Canadian Labour & Employment Law Blog

Perhaps the most important clause in any employment contract is the termination clause.  Without it, an employee is entitled to reasonable notice of termination (in the absence of just cause). A written termination clause can even allow an employer to […]

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( Available in French only )

Clause de paiement sur paiement : obligation à terme ou obligation conditionnelle ?

Construction Newsletter - Quebec

Journal Constructo – 25 février 2016 Les clauses dites de paiement sur paiement sont fréquemment utilisées dans les rapports contractuels entre entrepreneurs généraux et entrepreneurs spécialisés. L’objectif derrière une telle clause est de protéger l’entrepreneur général en cas de défaut […]

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Should Your Organization Stay under the ONCA or Continue to the CNCA?

Social Impact Newsletter

Recently, the Ontario Ministry of Government and Consumer Services (the “Ministry”) released an update regarding the status of the Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”).  The latest news is that the Ministry will give at least 24 months’ notice before […]

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Director’s Liability for Corporate Negligence

Lloyd's Brief: Canadian Legal Perspectives

Plaintiffs often cast the net broadly to capture every party with assets or insurance capable of satisfying a potential judgment.  Directors are often named as defendants in claims related to the negligence of the companies they oversee. Under Canadian law, […]

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Record Keeping: Document Retention Recommendations for Building Professionals

Lloyd's Brief: Canadian Legal Perspectives

Introduction Practically speaking, it is often inconvenient and costly for building professionals to keep project files; understandably, they do not wish to retain files any longer than necessary.  In British Columbia, the provisions of the Limitation Act, S.B.C. 2012, c. […]

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The Latest Word from the Ontario Court of Appeal on the Insurance Tripartite Relationship: a Cautionary Reminder

Lloyd's Brief: Canadian Legal Perspectives

The general concept of the tripartite relationship is a familiar one to those in the insurance industry:  An insurer retains a  lawyer to represent its insured in a civil proceeding.  The lawyer’s primary duty and loyalty is to the insured, […]

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The Corporation was Dissolved – What Can We Do?

Social Impact Newsletter

Corporations under the Canada Corporations Act were required to continue under the Canada Not-for-profit Corporations Act before October 14, 2014. This process requires corporations to pass articles of continuance and file them with Corporations Canada. Corporations that have not taken […]

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Issues with Naming Societies and Not-For-Profits in Canada

Social Impact Newsletter

One of the first things a not-for-profit is faced with on incorporation is what name it will have. Names are important because they play a role in developing an organization’s reputation. A name can also cause issues for an organization, […]

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Pitt v Holt and Futter v Futter – The Case for Amending Trustee Decisions

Wealth Matters

The U.K. Supreme Court (UKSC) judgment in the cases of Pitt v Holt and Re Futter [2013] UKSC 26, has clarified the law of trusts in applying both the rule of Hastings-Bass and the law of mistake. Pitt v Holt […]

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