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  • Article

    A Financial Institution Is Condemned To Live With Its Own Mistake: A Loan With A 0% Interest Rate Is Maintained By The Quebec Court

    In Caisse populaire Desjardins d'Aylmer v Roy,1 the Quebec Court dismissed a claim against two individuals (the "Debtors") by a financial institution ("CPDA") for payment of interest allegedly due on a loan.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    B.C.'s Court Of Appeal Clarifies The Law On Damages Assessment Through Hyperlinks

    In Pineau v. KMI Publishing and Events Ltd., the British Columbia Court of Appeal clarified that sharing links to one's own defamatory article can have a significant impact on damage assessments.
    CanadaLitigation, Mediation & Arbitration
McMillan LLP
McMillan LLP
  • Article

    Businesses Behaving Badly - Expanding Contractual Duties Of Good Faith

    Various courts have struggled with the concept of "good faith" between two contracting parties. The struggle arises from the competing principles of the individualistic and adversarial nature of contracting versus the natural inclination to punish people for taking undue advantage of another person.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Ontario Court Of Appeal Clears The Way For Arbitration Of Franchise Disputes

    Arbitration is increasingly displacing traditional litigation as the dispute resolution mechanism of choice for many businesses, including franchisors and franchisees.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Québec Class Action – What's New? Examination Of The Defendant At The Authorization Stage

    This right to depose is the subject of conflicting case law from Superior Court judges.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Supreme Court Takes Public Interest Standing To The Streets

    On September 21, 2012, the Supreme Court of Canada unanimously dismissed the appeal in Attorney General of Canada v Downtown Eastside Sex Workers United Against Violence in Society and Sheryl Kiselbach.
    CanadaLitigation, Mediation & Arbitration
    McMillan LLP
    McMillan LLP
  • Article

    Too Good To Be True? Health claims In Advertising

    Businesses that advertise using their products reduce the risk of cancer must tread carefully this year. By launching Project False Hope to combat misleading advertising of cancer products online, the Fair Business Practices Branch of the Competition Bureau (the Bureau) has identified this issue as an area of focus in 2008.
    CanadaMedia, Telecoms, IT, Entertainment
    McMillan LLP
    McMillan LLP
  • Article

    CASL Private Right Of Action Delayed; Enforcement By CRTC Continues

    Commonly known as Canada's Anti-Spam Legislation, "CASL" contains a controversial enforcement mechanism known as the "private right of action" that will allow a person to seek compensation...
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    Damages Granted For Privacy Violations Are On The Rise

    Last week, the Honourable Mr. Justice Phelan of the Federal Court awarded over $20,000 in damages following a privacy violation in Chitrakar v Bell TV, 2013 FC 1103.
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    Decrypting The iPhone - Everybody's Got Something To Hide, Except Me And My Monkey

    What do a drug arrest in New York in June 2014 and the death of Mr. Farook, a mass murderer in San Bernadino, California in December 2015 have to do with the ability of Canadian users of Apple devices to keep their data private?
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    The Privacy Commissioner's Guide To Protecting Personal Information In Cannabis Transactions

    The Office of the Privacy Commissioner of Canada recently released a guidance document for Canadian private sector cannabis retailers who collect personal information from their customers.
    CanadaPrivacy
    McMillan LLP
    McMillan LLP
  • Article

    Bill 39: The Province's Newest Addition To The Tool Belt For Combating The Housing Crisis

    On November 16th, the Ontario government tabled more new legislation seeking to address the housing crisis in Ontario: Bill 39, the Better Municipal Governance Act, 2022...
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Charging Management Fees Or Administration Fees To Tenants Under A Net Or Carefree Lease

    In most commercial leases the gross rent payable by a tenant to a landlord has a number of components including the basic rent, a share of realty taxes and a share of operating costs.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Proposed Amendments Could Shake Up Vancouver's Short-Term Rental Market

    Currently, Vancouver's Zoning and Development By-law permits only licensed hotels and bed and breakfasts to offer rentals of less than 30 days.
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Province Announces Major Changes To The Rules Governing Land Development

    The Ontario Government announced on Thursday, May 2, 2019 that there will again be significant changes to the Planning Act and other development-related legislation through its "More Homes,
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Province Of Ontario Announces Major Reforms To The Land Use Planning Appeal Process

    On May 16, 2017 the Minister of Municipal Affairs, Bill Mauro and the Attorney General Yasir Naqvi, announced that the province of Ontario will be introducing new legislation that will...
    CanadaReal Estate and Construction
    McMillan LLP
    McMillan LLP
  • Article

    Tell It All: Ontario Ruling Calls On Pension Administrators To Communicate Proposed Pension Changes To Plans

    Following a recent Ontario Superior Court decision, pension administrators contemplating modifications to their plans may be obligated to inform plan members of such possible changes before they are implemented.
    CanadaStrategy
    McMillan LLP
    McMillan LLP
  • Article

    Budget 2013: Deconstructing Derivatives – Capturing "Character Conversion Transactions"

    One of the "tax loopholes" targeted in Budget 2013 is a category of financial transactions dubbed "character conversion transactions" by the Government.
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Article

    Budget 2021: Proposed Limitations On "Excessive" Interest Deductions

    Budget 2021 proposes significant new limitations on business interest deductibility, commencing January 1, 2023.
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Article

    Canada’s Productivity Mega Deduction: Big Name, Big Opportunities For Business Aviation

    Canada's proposed Productivity Mega Deduction would allow businesses to immediately write off the full cost of newly acquired capital assets, including aircraft and flight simulators, rather than spreading deductions over multiple years. This permanent change to the capital cost allowance regime could significantly benefit the business aviation industry, though taxpayers must carefully consider timing, income requirements, and documentation to maximize the deduction's value.
    CanadaTax
    McMillan LLP
    McMillan LLP
  • Showing 881–900 of 3560 results

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