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Miller Thomson has uniquely Canadian insights on the latest legal and business trends and developments, and how they affect you and your organization.

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2022 Year in Review – legal updates in Canadian marketing, advertising and product compliance

February 2, 2023 | Jaclyne Reive, Catherine M. Dennis Brooks, Alexandre Ajami, David Krebs, Alissa Ricioppo, Jane Huang, Reema Mahbubani, Andrea Chiu

Marketing, Advertising & Product Compliance Communiqué

2022 proved to be an interesting year in the advertising, marketing and product compliance space in Canada. From changes to labelling requirements for foods and natural health products, amendments to Canada’s Competition Act to address drip pricing, an increased focus […]

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Best practice for managing ESG in the boardroom

February 2, 2023 | Myron A. Mallia-Dare, Cindy K. Adams

MT Biosphere™

Investors and stakeholders increasingly understand that long-term success is directly affected by how a company and its board of directors (the “Board”) manage environmental, social and governance (“ESG”) factors. Best practices require that a Board establish and implement a framework […]

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Can cash paid into Court be substituted with lien bond after project completion: Alberta Court of Appeal clarifies

February 2, 2023 | Khurrum Awan, Titli Datta

Breaking Ground: MT Construction Law Western Canada

In Tempo Alberta Electrical Contractors Co. Ltd. v. Man-Shield (Alta) Construction Inc., 2022 ABCA 409, the Alberta Court of Appeal clarified that, based on a collective reading of section 48 and section 22 of the Builders’ Lien Act (Alberta) (now […]

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The last days of contingent payments: Pay-when-paid clauses and the PPCLA

February 2, 2023 | Lauren M. Toreson, Arsham Gill, Anna Kosa

Breaking Ground: MT Construction Law Western Canada

On August 29, 2022, the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “PPCLA”) came into force. The PPCLA changed the law governing the construction industry in Alberta. One such change was the imposition of mandated timelines […]

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Appointing an inspector to assist with Court directed investigations in Alberta will be done sparingly

January 31, 2023 | Debra Curcio Lister, KC, Bryan Hosking

Commercial Litigation Communiqué

Introduction The Alberta Court of King’s Bench recently considered an application to appoint an inspector under Section 232 of the Alberta’s Business Corporations Act, RSA 2000 c B-9 (the “ABCA”). The Court in Khimji v Khimji, 2022 ABKB 829 (“Khimji”) […]

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Section 47 motions under Ontario’s lien legislation

January 30, 2023 | Riccardo Del Vecchio, Nathan Lean

Breaking Ground: MT Construction Law Ontario Edition

A recent Ontario Superior Court decision from April 2022, Louis Jones Construction Ltd. v. Rocque, 2022 ONSC 2362, adds to the line of cases dealing with motions brought under Section 47 of Ontario’s construction lien legislation to discharge an expired lien. […]

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Construction lien claims: Takeaways from Nova Concrete Inc. v. 2035211 Ontario Inc.

January 30, 2023 | Riccardo Del Vecchio, Daniel Guerrisi

Breaking Ground: MT Construction Law Ontario Edition

Introduction An April 2022 Ontario decision Nova Concrete Inc. v 2035211 Ontario Inc., 2022 ONSC 2391 (which involved cross-motions and various layers of relief sought by the parties) outlines the importance of: the summary nature of construction lien proceedings; the […]

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Get your priorities right: Arrears of prior mortgages before liens

January 30, 2023 | Emily C. Durst

Breaking Ground: MT Construction Law Ontario Edition

Overview The Court of Appeal for Ontario recently confirmed that where a mortgage has priority over a construction lien, all related mortgage interest, enforcement fees and other expenses will have priority over the lien, even if the mortgage-related fees, charges […]

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Tapping into securitization: Oil & gas companies digging for new funding sources

January 25, 2023 | Shaun Parekh, Margaret Shodeinde

Structured Finance and Securitization Communiqué

Interest rate hikes and quantitative tightening are causing liquidity to shrink across several markets. In particular, oil & gas companies are hitting roadblocks trying to obtain traditional financing at attractive rates, as higher costs of borrowing are compounded with environmental, […]

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Not so “Small Claims Court”: A provincial court claim limit increase for Alberta

January 24, 2023 | Fergus I. Schappert, Emily Cook-Bielech

Commercial Litigation Communiqué

Update: June 15, 2023 – Alberta Court of Justice claim limit to double as of August 1, 2023 The limit for monetary claims in the Alberta Court of Justice (formerly the Provincial Court) (the “Court”) is soon to be set […]

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Disclaimer

This blog sets out a variety of materials relating to the law to be used for educational and non-commercial purposes only; the author(s) of this blog do not intend the blog to be a source of legal advice. Please retain and seek the advice of a lawyer and use your own good judgement before choosing to act on any information included in the blog. If you choose to rely on the materials, you do so entirely at your own risk.