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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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Recordings of Annual General Meetings: Are they a record

January 5, 2023 | Justin McLarty

MT Condominium & Strata Brief

We are often asked whether a recording of an Annual General Meeting (“AGM”) constitutes a record of the corporation that must be provided to unit owners, if requested. This question has become more common with the surge in popularity of […]

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The Supreme Court weighs in on the effect of receivership on a party’s Arbitration Agreements

January 4, 2023 | Sandra L. Hawes, KC, Tessa Green

Commercial Litigation Communiqué

Introduction and overview The Supreme Court of Canada’s decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 [Peace River v Petrowest] clarifies whether, and in what circumstances, a contractual agreement to arbitrate should give way to the […]

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Teacher responsibility for student supervision during behaviour escalation

January 4, 2023 | Kayla Cockburn, Renata Antoniuk

Morning Recess Education Law Newsletter

In the recent decision Ontario College of Teachers v Moss, 2022 ONOCT 98 the teachers’ regulatory body considered the role of a teacher in responding to student behaviour causing a risk of physical injury. The Member was assigned to a […]

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Complaint to HPARB regarding psychological assessment dismissed

January 4, 2023 | Kayla Cockburn, Renata Antoniuk

Morning Recess Education Law Newsletter

The Health Professions Review and Appeal Board (the “HPARB”) in ZH v LL, 2022 CanLII 58408 (ON HPARB) upheld the decision of the College of Psychologists of Ontario, which dismissed a complaint made by a parent regarding an assessment conducted […]

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Don’t forget: ELD mandates beginning enforcement on January 1, 2023

December 15, 2022 | Louis Amato-Gauci, Jaclyne Reive, Ellen Kim

Transportation & Logistics Communiqué

What is it? Electronic logging devices (“ELDs”) are devices installed into commercial motor vehicles that use a computer-based software to monitor the activities of the vehicle’s driver to ensure compliance with hours of service legislation. The use of ELDs has […]

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Revisiting the “new” testamentary donation rules

December 15, 2022 | Darren Lund

Social Impact Newsletter

The legal landscape for testamentary charitable gifts underwent a significant sea-change in 2015. In that year, amendments to the Income Tax Act (Canada), R.S.C. 1985, c.1 (5th Supp.) (“Tax Act”) were implemented that apply to deaths occurring on or after […]

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CRA releases draft guidance on new qualifying disbursements rules, invites feedback

December 15, 2022 | Stephen Hsia, Kristina Roberts

Social Impact Newsletter

The CRA’s Charities Directorate has issued its long-awaited draft guidance on “Registered charities making grants to non-qualified donees“. The Income Tax Act was amended on June 23, 2022 to include new rules on “qualifying disbursements” (Read our previous article on […]

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New year, new disbursement quota

December 15, 2022 | Kristina Roberts

Social Impact Newsletter

Update: Since the initial release of this article, Bill C-32 received Royal Assent on December 15, 2022. Since Federal Budget 2022 was released back in April, the charitable sector has been awaiting confirmation that the proposed increase to the disbursement […]

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Trigger rates in Canada: What does this mean for Canadian mortgagors and mortgage-backed securities?

December 13, 2022 | P. Jason Kroft, Margaret Shodeinde, Connor Broude

Structured Finance and Securitization Communiqué

Since March 2022, the Bank of Canada has been periodically increasing the country’s key interest rate. Seven interest rate hikes later the overnight rate is now at a staggering 4.25%, a dramatic increase from the beginning of the year. For […]

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BCCA rules CERB payments are no longer deductible from wrongful dismissal damages

December 9, 2022 | Andrew Hefford, Geoff Mason

Labour and Employment Communiqué

In a decision released on November 29, 2022, the B.C. Court of Appeal ruled that payments received under the Canada Emergency Response Benefit Program (“CERB”) are not deductible from wrongful dismissal damages, overturning a 2021 decision of the B.C. Supreme […]

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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.