Insights

New considerations when seeking to multiply access to the lifetime capital gains exemption

Tax Notes

Proactive planning to multiply access to the lifetime capital gains exemption (“LCGE”) for shares of a qualified small business corporation (“QSBC”) or qualified family farm property (“QFFP”) remains of ongoing interest to taxpayers and their family members that may be […]

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Private equity and the ESG advantage: Addressing risks and opportunities in M&A

MT Biosphere™

As private equity funds (PE funds) face increased scrutiny for their environmental, social, and governance (ESG) practices, it is increasingly important for PE funds to consider ESG factors in their investment decisions and operation of portfolio companies. This article discusses […]

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British Columbia port strike: Legal implications and practical considerations for Canadian businesses

Transportation & Logistics Communiqué

The recent labour strike by British Columbia (“BC”) port workers (the “Strike”) highlights important legal implications for carriers, freight brokers, shippers and other parties who rely heavily on the operations of Canadian ports. Background In July 2023, the International Longshore […]

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( Available in French only )

L’obligation de renseignement : Attention à l’application tous azimuts des critères

Construction Newsletter - Quebec

Introduction La Cour d’appel a tout récemment rappelé certaines des limites de l’obligation de renseignement d’un donneur d’ouvrage dans l’affaire Sintra inc. c. Ville de Montréal[1]. Les faits En 2013[2], la Ville de Montréal (la « Ville ») lance un appel d’offres […]

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Trust reporting rule – A new (and unnecessary) compliance burden for registered charities?

Social Impact Newsletter

The Canada Revenue Agency has clarified on November 10, 2023 that charities are not required to file T3 information returns for internal trusts. Please see our November 10, 2023 Social Impact Newsletter article for more information. As part of seeking […]

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Distributing dividends to members? Your non-profit’s tax-exempt status may be at risk

Social Impact Newsletter

The Canada Revenue Agency (“CRA”) reminds certain non-profit organizations (“NPOs”) that distributing funds received by them as taxable dividends will jeopardize their tax-exempt status. In CRA View 2018-0776681E5 (dated March 30, 2023) (“CRA View”), the CRA clarified the tax implications […]

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Case comment: DNR Restoration Inc. v. Trac Developments Inc., 2023 ONSC1849

Breaking Ground: MT Construction Law Ontario Edition

Introduction The Construction Lien Act, R.S.O. 1990, c. C.30 (the “CLA”) underwent substantial revisions (often referred to as lien modernization) on July 1, 2018 and was renamed the Construction Act, R.S.O. 1990 c. C.30 (the “Act”). In terms of the […]

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Standard or custom ODACC adjudication? Depends on how prepared you are to pay

Breaking Ground: MT Construction Law Ontario Edition

You are contacted by a client who is owed money on a construction project and wants to commence a statutory adjudication under the Construction Act, R.S.O. 1990, c. C.30 (the “Act”). Before filing a notice of adjudication, the client wants […]

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Frivolous, vexatious, or abusive applications or proceedings: The Court of King’s Bench clarifies (and limits) the use of Civil Practice Note 7

Commercial Litigation Communiqué

Introduction On April 12, 2023, Associate Chief Justice Nielsen provided much needed clarity on the purpose of Alberta’s Civil Practice Note 7 (“CPN7”) entititled “Vexatious Application/Proceeding Show Cause Procedure (General Powers to Stay or Dismiss a Frivolous, Vexatious, or Abusive […]

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The importance of following the “standard approach” to liening: Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147

Breaking Ground: MT Construction Law Western Canada

In the recent Alberta Court of Appeal decision Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147 (“Avli”), Alberta’s appellate court validated the liens of subcontractors – the validity of which was in question because of various […]

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