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  • Article

    New Limitations Act Accelerates Litigation Clock

    On January 1, 2004, <I>The Limitations Act, 2002 </I>(the "Act") will come into effect and reduce the general time limit from commencing litigation from six (6) years from the date the claim was discovered to two (2) years.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Stand By Your Forms? Lenders Must Be Cautious In Light Of Courts’ Willingness To Rewrite Standard Loan Guarantee Forms

    A recent Ontario Court of Appeal decision highlights the risks facing lenders that rely on standard form security agreements to enforce the obligations of defaulting borrowers.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
McMillan LLP
  • Article

    Happy Privacy Week, Canada! 2nd Edition

    As we continue to celebrate Data Privacy Week, it is a great time to review the most recent, significant privacy and data protection developments in Canada.
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    Security Breach Notification Soon Becoming Mandatory In Canada

    With security breaches being on the rise, the requirement to have organizations notify the relevant privacy commissioners and affected individuals upon a security breach taking place is becoming increasingly important.
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    The Top 5 Things You Probably Are Not Doing (But Should Be Doing) To Comply With Canadian Privacy Laws: ISSUE #3: Managing Vendors

    Under Canadian privacy laws, organizations that transfer personal information ("PI") about customers, employees or other parties to a third party vendor for processing remain responsible for the protection of that PI.
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    The Top 5 Things You Probably Are Not Doing (But Should Be Doing) To Comply With Canadian Privacy Laws: ISSUE #4: Responding To Data Subject Requests The Right Way

    Under Canadian privacy laws, individuals have certain rights with respect to their personal information ("PI"). Depending on the privacy law(s) that apply in a particular circumstance...
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    Make Sure You Follow The Proper Procedure If You Want To Claim For Extras And Delay Costs

    In the recent decision, Ross-Clair v. Canada (Attorney General) the Ontario Court of Appeal reaffirmed and clarified the necessity to follow the provisions in a construction contract to properly advance a claim for compensation in excess of the contract price.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    November 2021 Update: Extended Deadline For Pre-Existing Owners Filing A Transparency Report On The Land Owner Transparency Registry

    On November 30, 2020 the Land Owner Transparency Act ("LOTA") came into force. LOTA introduced mandatory disclosure of the beneficial ownership of land with the purpose of ending anonymous land ownership in British Columbia.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Out With The Old And In With The New: Transitioning From Ontario's Old Construction Lien Act To The New Construction Act

    This article is an update to our December 2017 article, where some of the most significant substantive changes to the Construction Lien Act (the "CLA") are considered.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Urban Planning, Construction And… Birds!

    A growing number of municipal administrations in Québec are concerned about protecting the environment.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Who Owns Copyright In A Registered Plan Of Survey – A Brief Update

    In May 2018 we reported on the Ontario Court of Appeal decision in Keatley Surveying Ltd. which held that a land surveyor did not own the copyright in a plan of survey presented for registration or deposit in Ontario's land registry system.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Halt To Key Startup Programs In Québec: Assessing The Impact On Québec's Startup Ecosystem

    On November 12, Québec's Ministry of Economy, Innovation and Energy (the Ministry) announced the immediate suspension of three funding programs for Québec startups...
    CanadaStrategy
    McMillan LLP
    McMillan LLP
  • Article

    Alberta Court Of Appeal Dismisses Property Tax Appeal: Municipalities Are Not Secured Creditors For Taxes Assessed On Pipelines, Wells And Other Linear Property

    The Alberta Court of Appeal has dismissed an appeal brought by three municipalities (the "Municipalities")
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Article

    Budget 2013: Further Restrictions On Loss Trading

    The Income Tax Act (Canada) (the "Tax Act") contains rules (the "loss trading rules") limiting the ability of a corporation to utilize losses and other tax pools that have arisen or were acquired prior to the acquisition of control of the corporation by an unrelated person.
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Article

    Budget 2016: Taxation Of Emissions Trading Activities Clarified

    In several jurisdictions, regulated emitters are required by law to deliver "emissions allowances" to the government.
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Article

    TCC Rules On Taxation Of Break Fees

    In the recent decision "Morguard Corp. v R.", 2012 TCC 55, the Tax Court of Canada ("TCC") considered the proper tax treatment of a break fee.
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Article

    Is One-Fare Fair? Canada’s Supreme Court Refuses To Hear Airlines’ Appeal

    On November 20, 2008 the Supreme Court of Canada rejected an application by Air Canada, Air Canada Jazz and WestJet for leave to appeal a Canadian Transportation Agency (the “CTA”) decision that orders certain Canadian carriers, namely Air Canada, Air Canada Jazz and WestJet, to amend their current air fare policies to implement a one-person, one-fare (1P1F) policy.
    CanadaTransport
    McMillan LLP
    McMillan LLP
  • Article

    The New Home HST Rebate – Beware The Traps For The Unwary

    In Ontario, the purchase of a new (or substantially renovated) house or condominium (collectively a "Home") is subject to Harmonized Sales Tax ("HST").
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Article

    Competition Bureau Publishes Revised Merger Review Process Guidelines

    On January 11, 2012, the Competition Bureau published a revision of its Merger Review Process Guidelines.
    CanadaAntitrust/Competition Law
    McMillan LLP
    McMillan LLP
  • Article

    BC Government Announces Important Changes To The Employment Standards Act In Response To COVID-19

    The Government of BC announced today the following important changes to the Employment Standards Act in response to the COVID-19 emergency:
    CanadaCoronavirus (COVID-19)
    McMillan LLP
    McMillan LLP
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