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  • Article

    General Damages For Mental Distress: Coming To A Contract Breach Near You?

    Hickey's Building Supplies Limited was recently heard at the Newfoundland Court of Appeal.1 It suggests that Courts are becoming more willing to award damages for mental distress for breach of a contract.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    How Close Is Close Enough – Alberta Court Deems Equipment Lessor's Lien Valid Even Though Equipment Was Never On Site

    A recent Alberta Court of Queen's Bench decision provides an example where services may be performed on one site yet give rise to lien rights on another site.
    CanadaReal Estate and Construction
    McLennan Ross LLP
McLennan Ross LLP
  • Article

    Incorporation By Reference

    Most trade contracts incorporate "by reference" the terms and conditions of the prime contract.
    CanadaReal Estate and Construction
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Liening Into Limitations: Claims For Lien And The Limitations Period

    Much has been said about Manitoba’s recent change to its basic limitation period for construction disputes, which generally reduced the time to start lawsuits from six years to two years. However, the passage of two years may not always be the end of the story for an unpaid contractor or subcontractor.
    CanadaReal Estate and Construction
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Negotiating Caps For Operating Costs In Commercial Leases

    Beginning in the fall of 2019, many strata owners in British Columbia saw their insurance premiums jump between 50% and 700% from the previous year
    CanadaReal Estate and Construction
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    New Tarion Registration Requirement: What Buyers Need To Know

    Starting April 1st, 2026, Ontario homebuyers must register their pre-construction home purchases with Tarion within 45 days to secure maximum deposit protection coverage. What happens if you miss this deadline, and how much of your deposit could be at risk if your builder fails to complete the transaction?
    CanadaReal Estate and Construction
    Woitzik Polsinelli LLP
    Woitzik Polsinelli LLP
  • Article

    Ontario Court Confirms Strict Enforcement Of Suit Limitation Periods In Surety Bond Claims

    In VanMar Constructors ON 1028 Inc. v Travelers Insurance Company of Canada, 2025 ONSC 6959, the Ontario Superior Court found that a performance bond action by a contractor was commenced...
    CanadaReal Estate and Construction
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Recent Decision Confirms That Notices Of Claims Do Not Have A ‘Standard Form'

    What constitutes a notice of claim? Parties to construction lawsuits often find themselves disputing whether a particular email or letter is a valid notice of a claim that complies with the notice provisions of their contract.
    CanadaReal Estate and Construction
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    The Devil Is In The Details: Getting The Terms Of A Settlement Agreement Right

    A recent BC Court of Appeal decision is a useful reminder to ensure that the terms of a settlement agreement are accurately and comprehensively drafted.
    CanadaReal Estate and Construction
    DLA Piper
    DLA Piper
  • Article

    Third Party Rights Not Absolute Bar On Rescission Of Bonds Issued Due To Fraudulent Misrepresentation

    Bonds are commonly used on construction projects in Canada to provide security for owners, subcontractors and other parties supplying labour and materials in the event of an insolvency or other performance failure.
    CanadaReal Estate and Construction
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Unconscionability In Real Estate Transactions Post-Uber

    In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada's recent review...
    CanadaReal Estate and Construction
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Writing A Scope Of Work, Badly

    The scope of work is the most critical piece of a construction contract.
    CanadaReal Estate and Construction
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Quebec Nominee Disclosure: December 23, 2020 Deadline Approaching

    As per our original article of June 26, 2019 (here), concerning the obligation to disclose certain nominee contracts to Revenu Québec ("RQ"), the Quebec National Assembly has adopted...
    CanadaTax
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Whose Income is It?

    In 1966, the Carter Commission recommended that the income tax system should consider the family (spouse and minor children) as the basic unit for determining tax liability.
    CanadaTax
    KPK Law LLP
    KPK Law LLP
  • Article

    Statements Of What? Reviewing SOWs

    Unlike some of my colleagues, I consider SOW review to be a critical part of the legal process.
    CanadaTechnology
    Torkin Manes LLP
    Torkin Manes LLP
  • Article

    Ontario Seeks Input On Proposed Regulation For New Consumer Protection Act

    As previously communicated, the Ontario government has passed a new Consumer Protection Act, 2023 (New CPA). The New CPA makes many changes to the existing legislation...
    CanadaConsumer Protection
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Force Majeure And Frustration In Light Of COVID-19

    The global COVID-19 pandemic has resulted in unprecedented and rapidly developing challenges for companies attempting to fulfill their contractual obligations in the face of supply chain interruptions, labour shortages, ...
    CanadaCoronavirus (COVID-19)
    Davies Ward Phillips & Vineberg LLP
    Davies Ward Phillips & Vineberg LLP
  • Article

    CIRO Celebrates Pending Legislation To Enhance Its Investigative And Enforcement Powers In Ontario

    In a recent Press Release, the Canadian Investment Regulatory Organization (CIRO) has applauded the Ontario government's decision to give it what it calls the "full enforcement toolkit" of powers to investigate and bring enforcement proceedings against the individuals and firms it regulates.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Minority Investor Rights: Striking The Right Balance

    Admitting a minority investor requires discussing protective rights in the company's governance agreements to balance control and flexibility.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    Private Credit Markets: A Trend Of Competition And Convergence

    Competition between private credit lenders and traditional lenders has created an attractive environment for borrowers, and we expect these trends to continue into 2025.
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Showing 901–920 of 3851 results

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