Insights

Lien everything, and early: The BC Supreme Court clarifies builders lien filing deadlines and apportionment between properties

Breaking Ground: MT Construction Law Western Canada

The recent decision of the British Columbia Supreme Court in Frontier Kemper Constructors, Inc v Rio Tinto Alcan Inc[1] clarified the timeline for filing a builders lien when the 45-day deadline falls on a weekend and revisits the limited scope […]

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New mandatory front-of-package nutrition symbol for certain food products in Canada

Marketing, Advertising & Product Compliance Communiqué

Front-of-Package Labeling Requirements On June 30th the Federal Minister of Health announced new regulations relating to a mandatory front-of-package nutrition symbol on all prepackaged foods high in sodium, sugars or saturated fat. The symbol has been introduced as a tool […]

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Proposed transportation of dangerous goods Canadian registration list

Transportation & Logistics Communiqué

Transport Canada (“TC”) recently proposed amendments to the Transportation of Dangerous Goods Regulations (Canada) (“TDGR”), which would require any person who imports, offers for transport, handles or transports dangerous goods to register in a new online database and to provide […]

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( Available in French only )

Appel d’offres : incohérences dans les documents de soumission, une erreur couteuse

Construction Newsletter - Quebec

Tout récemment, dans l’affaire Couillard Construction limitée c. Procureur général du Québec (Ministère des Transports du Québec)[1], la Cour a rappelé l’importance pour un donneur d’ouvrage de rédiger ses documents d’appel d’offres en des termes clairs et d’agir avec précaution […]

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Commencing a proceeding on behalf of the estate of a deceased person: Hoggan v. Silvey

MT Estate Litigation Blog

A recent decision by the British Columbia Court of Appeal has transformed the approach for commencing a proceeding on behalf of the estate of a deceased person in British Columbia. Hoggan v. Silvey, 2022 BCCA 176, began with a dispute […]

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Electronic witnessing and signing of estate planning documents in British Columbia

Wealth Matters

Much has changed since May 19, 2020. That is when British Columbia first allowed the remote witnessing of wills, enduring powers of attorney (EPAs), and representation agreements (RAs) to accommodate those isolating because of COVID-19 and the resulting restrictions on […]

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Does a promise to transfer property create an express trust?

Wealth Matters

The British Columbia Court of Appeal recently dealt with whether a promise to transfer property created an express trust in Virk v. Singh, 2022 BCCA 153. Background Mr. and Mrs. Virk married in India in 1977, where they met Mr. […]

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Reasonable notice period capped at 24 months absent special circumstances

Labour and Employment Communiqué

In a recent ruling the Supreme Court of British Columbia has reaffirmed that notice periods for wrongful dismissal in BC are capped at an upper limit of 24 months, absent special circumstances. In Okano v Cathay Pacific Airway Limited, 2022 […]

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Proving professional negligence claims: What expert evidence is required and when?

Lloyd's Brief: Canadian Legal Perspectives

Introduction Professionals owe a duty to exercise the skill, care and diligence which may be reasonably expected of a person of ordinary competence, measured by the professional standard of the time. Generally speaking, in order to succeed at trial, a […]

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Ontario Superior Court of Justice applies pollution exclusion in denying coverage application

Lloyd's Brief: Canadian Legal Perspectives

The Ontario Superior Court of Justice (the “Court”), sitting in Kitchener, recently ruled on a coverage application in Kin v. Ecclesiastical et al 2022 ONSC 1655[1]. The applicant sought coverage from Lloyd’s and the Court dismissed the application in its […]

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