ArticleNo Diagnosis – No Problem The Supreme Court of Canada has found an injured claimant does not need to have a diagnosed psychological/psychiatric injury in order to recover for a mental injury sustained in an accident. CanadaLitigation, Mediation & ArbitrationMiller Thomson
ArticleThreshold Motion Dismissed In "Thin Skull" CaseThe plaintiff, aged 54, was involved in a motor vehicle accident as a passenger. The vehicle was rear-ended and the collision was of moderate impact.CanadaLitigation, Mediation & ArbitrationMiller Thomson
ArticleInternational Contests No Longer Need To Be Registered In QuebecThe Province of Quebec is the only jurisdiction in Canada that administers a registration regime regulating contests and sweepstakes. CanadaMedia, Telecoms, IT, EntertainmentMiller Thomson
ArticleAgricultural Law Netletter - Tuesday, November 7, 2017 - Issue 383A Justice of the Ontario Court of Justice has upheld a conviction of destroying a boundary tree without the consent of an adjoining land owner.CanadaReal Estate and ConstructionMiller Thomson
ArticleBC Supreme Court Hears CBA Legal ChallengeThe Supreme Court of British Columbia heard arguments from February 3 to 7, 2020 from a coalition of British Columbia's largest construction associations (the "Coalition")...CanadaReal Estate and ConstructionMiller Thomson
ArticleGovernment Amends Regulation Suspending Limitation Periods To Allow For Release Of Holdback Under Ontario's Construction ActOn April 1, 2020 we wrote about O.Reg. 73/20 which suspended limitation periods imposed by any Ontario law retroactive to March 16, 2020. CanadaReal Estate and ConstructionMiller Thomson
ArticleHow Can A Condominium Corporation Address Threats, Intimidation And Abuse Of Process?Our office has been successful in the recent case of TSCC 2519 v. Emerald PG Holdings et al, 2021 where the Honourable Justice Vella of the Superior Court of Justice confirmed that when a unit owner...CanadaReal Estate and ConstructionMiller Thomson
ArticleImportant Clauses In Construction Contracts – Part 2In our last post on construction contracts, we discussed a number of considerations including: Scope of Work, Limitation of Liability Indemnities, Payment Terms and Certainty of Terms.CanadaReal Estate and ConstructionMiller Thomson
ArticleJasmin Lefebvre Interviewé Par Radio-Canada Sur Le Projet De Colisée De Trois-RivièresJasmin Lefebvre, avocat spécialisé en droit de la construction depuis 28 ans et associé de notre bureau de Montréal, commente le projet de Colisée de Trois-Rivières lors d'une entrevue à Radio-Canada.CanadaReal Estate and ConstructionMiller Thomson
ArticleReport On The Construction Lien ActOn September 26, 2016 the Ontario Government released a report on Ontario's Construction Lien Act entitled "Striking the Balance: Expert Review of Ontario's Construction Lien Act."CanadaReal Estate and ConstructionMiller Thomson
ArticleStandard Or Custom ODACC Adjudication? Depends On How Prepared You Are To PayYou 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").CanadaReal Estate and ConstructionMiller Thomson
ArticleCRA Issues Helpful Clarification On NPO ReservesA non-charitable, non-profit organization is required by the Income Tax Act of Canada to be "operated for a purpose other than profit."CanadaTaxMiller Thomson
ArticleE-Commerce Businesses – Do You Need To Be Registered For GST/HST?Effective July 1, 2021, major changes to the GST/HST regime as it relates to e-commerce and the digital economy came into effect. We previously reported on these measures when they were first announced in the...CanadaTaxMiller Thomson
ArticlePlanning To Sell Goodwill - Tax Implications Of The 2016 Federal BudgetEligible capital property ("ECP") includes such things as customer lists, franchise rights, licenses, quotas and other intangibles.CanadaTaxMiller Thomson
ArticleUnintended ConsequencesTaxes are inevitable. In business transactions, strategic decisions are made to reduce or eliminate the amount of taxes paid.CanadaTaxMiller Thomson
ArticleA Judicial Weapon To Fight Cyber Terrorists: The Privacy InjunctionThe Canadian Centre for Cyber Security identified two prominent types of ransomware in its September 2021 awareness series: Ransomware: How to prevent and recover (ITSAP.00.099):CanadaTechnologyMiller Thomson
ArticleFederal Government Lifting COVID-19 Travel Requirements As Of October 1The Public Health Agency of Canada ("PHAC") has announced that effective October 1, 2022, the Government of Canada will remove all remaining COVID-19 entry restrictions...CanadaTransportMiller Thomson
ArticleBrexit: IP Contingency Plans For A Hard ExitOn Tuesday, January 15, 2019, the UK House of Commons soundly rejected the "soft" Brexit deal negotiated with the EU over the past two years, and with just 10 weeks remaining until the March 29, 2019European UnionIntellectual PropertyMiller Thomson
ArticleInternational Competition Law Working Group Formed To Discuss Pharmaceutical Merger ReviewsAn international working group has been formed to evaluate the approach of competition law agencies in Canada, the United States, the United Kingdom, and Europe relating to pharmaceutical merger reviews.GlobalAntitrust/Competition LawMiller Thomson
ArticleNotice To Blueberry Product Exporters – U.S.Recently, the International Trade Commission ("ITC") began a global safeguard investigation under section 201 of the Trade Act of 1974 into whether the large amounts of blueberries being imported...GlobalInternational LawMiller Thomson