A Star is Rising: Ian Dunbar

On December 2, 2024, the Automobile Accident Diagnostic and Treatment Protocols Regulations under the Newfoundland & Labrador Automobile…

On January 5, 2025, the prorogation of the Canadian Parliament effectively terminated all bills pending in the House of Commons – including…

Social host liability for injury to a third party – and coverage of social host liability claims – isn’t straightforward. Social host…

Disputes between shareholders of a corporation, and shareholders and their corporation, are stressful and complicated, and often attract…

On September 9, 2024, a unanimous Federal Court of Appeal decided consent is to be determined on an objective standard. In an unusual move, in…

The 2024 decision of the Supreme Court of Newfoundland and Labrador – General Division in Interprint Systems Limited et al. v. Co-operators…

The nature of the construction industry, especially when it comes to seasonal work and where the labour needs and costs must be estimated in…

On April 30, 2024, the Ontario Divisional Court decided the victim of a serious cyber security incident was required to produce to privacy…

Do cultural practices play a role in the assessment of damages for wrongful death claims? There is British Columbia precedent for awarding…

Bill C-63, if passed, will create the hotly anticipated Online Harms Act to regulate certain online platforms, create new Criminal Code of…

Canadian provinces and territories continue to swiftly legislate prompt payment requirements – though not all are taking effect quite so…

On March 1, 2024, the Supreme Court of Canada decided a police request for disclosure of an IP address is a “search” under section 8 of the…

In a decision that will be helpful in future assessments of damages for soft tissue injuries, on December 21, 2023, the Nova Scotia Court of…

In its October 19, 2023 decision in Roach v. Nordic Ins. Co. of Canada, the Nova Scotia Supreme Court confirmed that Workers’ Compensation…

On October 13, 2023, the Supreme Court of Canada issued its judicial reference opinion: a significant portion of Canada’s federal…

Insureds aren't automatically entitled to a defence from their insurers. Liability policies generally provide two types of coverage: coverage…

Updated February 28, 2025. On December 15, 2023,  the Affordable Housing and Groceries Act became law, giving developers of specific types…

Can a business providing both exempt supplies and taxable supplies of goods and services claim Input Tax Credits (ITCs) under the Excise Tax Act…

Owning your own business offers many opportunities. But it also carries inherent risks, including exposure to personal liability. These three…

Canada’s first Tech Talent Strategy aims to aggressively attract tech talent to “fuel innovation and drive emerging technologies forward”.…

The Nova Scotia Supreme Court has added a new, lower range for general damages in sexual abuse civil cases. Damages in sex abuse cases are…

You arrive at the legendary Madison Square Garden to catch the Mariah Carey concert. It’s the big event of the trip – the reason you came to…

A Will is a key ingredient of any estate plan - and one of the most important documents a person ever signs. It allows a person to control how…

The Supreme Court of Nova Scotia has made it clear that, while the burden is high, pre-emptively vacating or discharging a builders’ lien is a…

The Alberta Court of Appeal recently sent a strong message to insureds: utmost good faith is not only key but is required in insurance claims.…

Updated Feburary 9, 2024. On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act and accompanying…

On January 26, 2023, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings requiring companies using targeted…

In November 2022, the Ontario Court of Appeal definitively decided an organization whose information systems are breached by a malicious third…

Updated January 31, 2025. Beginning December 31, 2022, certain owners of residential property in Canada are required to annually report and…

The insurer’s duty to defend a claim made against its insured is inextricably tied to coverage: there can be no duty to defend without a…

On November 10, 2022, the Supreme Court of Canada examined the interaction of arbitration and bankruptcy and insolvency proceedings, deciding a…

There’s a new privacy law coming to Canada. In June, the federal government introduced a complete overhaul of the privacy law regime that both…

The Supreme Court of Canada’s “Jordan” framework, introducing strict timelines for determining unreasonable delay in the context of…

On May 22, 2010 (affectionately known as “Bitcoin Pizza Day”), a Floridian bought two Papa John's pizzas with Bitcoin. The day is famous…

On April 14, 2022, the New Brunswick Court of Appeal released its decision in Royal Bank of Canada v. Estate of Susan Lynn Williams, revisiting…

On March 28, 2022, the Supreme Court of Newfoundland and Labrador (General Division) decided that in a personal injury case, quantification of…

On March 18, 2022, the Supreme Court of Canada confirmed that an Indigenous government can still satisfy the impecuniosity requirement for an…

The Supreme Court of Canada’s recent consideration of estoppel and waiver in the context of a fatal injury case in Trial Lawyers Association…

Updated June 17, 2024. On May 17, 2022, the P.E.I. Non-disclosure Agreements Act took effect, significantly restricting the use of…

On January 26, 2022, the British Columbia Court of Appeal extended an injunction preventing protesters from interfering with a logging…

More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…

Updated October 7, 2024. The name of the game is to have a plan to mitigate the risk that a data breach will happen – but be ready when it…

On November 19, 2021, in Trial Lawyers Association of British Columbia v. Royal & Sun Alliance Insurance Company of Canada, the Supreme…

To help realtors better prepare their clients to ensure smooth real estate transactions with timely closings, here are the answers to the 10…

On September 9, 2021, the Nova Scotia Court of Appeal released its decision in Aviva Insurance v. PK Construction Ltd. Dealing with Nova…

Updated February 28, 2024. The New Brunswick Construction Remedies Act substantially came into effect on November 1, 2021, and took full…

On July 29, 2021, the Supreme Court of Canada refined the test for determining when a plaintiff has discovered a claim for the purpose of a…

Estate planning is a customized process; the goal is to create a plan that’s best for a person’s unique situation. And while all estate…

An ever increasing number of people originally from China now reside in Canada. It is more important than ever to recognize and understand the…

In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…

Updated January 16, 2025. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to multinationals,…

For business owners, estate planning is directed at protecting the business’s legacy as well as the financial security of both family members…

Updated March 7, 2025. Estate planning is directed at protecting your assets and your loved ones from creditors and unnecessary income tax or…

This publication has been updated as of May 5, 2021. The ongoing COVID-19 pandemic has led many employees to continue working from home, by…

On June 26, 2020, the Supreme Court of Canada released Uber Technologies Inc. v. Heller, a much-awaited decision regarding the enforceability of…

The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.

Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…

On November 20, 2019, the Nova Scotia Court of Appeal confirmed pursuant to section 113BA(1) of Nova Scotia’s Insurance Act, in the context of…

Effective December 1, 2019, the New Brunswick government will finally finalize the reform of N.B.’s money judgment enforcement regime with the…

Updated July 10, 2024. If you “own” a company incorporated under either the Canada Business Corporations Act or under the corporate…

NOTE: On November 20, 2019, the Nova Scotia Court of Appeal upheld the trial court’s decision and confirmed pursuant to section 113BA(1) of…

Updated July 8, 2024. Every organization subject to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA, soon to…

Updated June 28, 2024. As of November 1, 2018, organizations in Canada subject to the Personal Information Protection and Electronic…

Most businesses – from startups to SMEs to multi-nationals, and from private family-owned businesses to public corporations – will use…

Updated September 26, 2024. Businesspeople (and their legal counsel) are on the road more than ever before: according to Statistics Canada,…

This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…

On May 8, 2018, for the first time, the Nova Scotia Supreme Court has ruled on the deductibility of Workers’ Compensation Board Extended…

Equity compensation plans are a valuable and versatile tool for many corporations, from early-stage startups to established blue-chips.…

Whether a provincial court will grant police a “production order” under the Criminal Code of Canada requiring a non-Canadian company to…

Corporations are the leading business vehicle in modern commerce. For startups, properly structuring and incorporating is critical to avoid…

Intellectual Property (IP) can be a valuable asset – even the most valuable asset – of a business. So it’s worth making sure the business…

Recently, the Federal Court of Appeal confirmed that a tax debtor’s bankruptcy does not extinguish the federal Crown’s priority to proceeds…

A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…

When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…

In three years (lightning speed in the law), medically assisted dying went from being illegal to being legal. A great deal has changed, a great…

Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…

Updated January 29, 2025. Most organizations (72%) store the personal information of customers. employees, suppliers, vendors or partners,…

Connections between Canadians and the U.S. have never been as numerous or transparent as they are now: many Canadians own U.S. property, have…

Updated February 7, 2024. We live in a world of change. New ideas and new industries are rapidly developing and the list keeps growing: tidal…

On November 17, 2016 the Supreme Court of Canada decided a mortgagee has the mortgagor’s implied consent to disclose its discharge statement…

We updated this publication on January 17, 2023. For many businesses, large and small, their “Intellectual Property” (IP) is one of their…

Business owners wear many hats – including employer. Your employees may be your business’s greatest asset, but they could also be your…

The Newfoundland and Labrador Court of Appeal recently affirmed the test for confirming a cause of action and thus resetting a limitation period…

The Ontario Court of Appeal has re-ignited the discussion about when a municipality will be held liable for its shoddy bylaw enforcement…

The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…

You’re on a tight timeline to issue a press release. You finish your draft and ‘cut & paste’ your standard “forward-looking…

This publication has been updated as at April 18, 2022. Access to sufficient capital is always a business issue, from the startup stage right…

On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…

Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…

When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…

On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…

On January 21, 2016, the Ontario Superior Court of Justice dramatically expanded the scope of legal privacy protection – and the liability…

Incorporation offers legal advantages to sole proprietors of small businesses, including certain tax advantages. However, when a corporation…

Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…

We updated this publication on July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many times,…

On March 5, 2015, the Canadian Radio and Television Commission (the CRTC, the main agency charged with administering and enforcing most of CASL)…

Snow can be a big nuisance at this time of year, but snow load - the weight of the snow, usually measured in pounds per square foot - can be…

On December 11, 2014 the Supreme Court of Canada continued its trend to recognize privacy rights – and develop the law to protect them –…

On January 15, 2015, the software provisions of Canada’s Anti-Spam Legislation (CASL) will take effect.  CASL’s anti-spam sections, touted…

CASL’s anti-spam sections came into force on July 1, 2014. Every organization that CASL affects should now be complying with it – and their…

Updated August 25, 2022. Many believe that only public companies or large, established companies with many shareholders need to be concerned…

Most Canadians have heard about Canada’s Anti-Spam Legislation (CASL): we’ve been bombarded with “CASL Compliant” emails asking us to…

On June 13, 2014 the Supreme Court of Canada decided that Canadians have a reasonable expectation of privacy in their online activities, and…

The countdown to CASL is almost over: there are only 13 business days until the anti-spam provisions of CASL – and most of the penalties for…

On July 1, 2014 – less than two months from now - the anti-spam sections of Canada’s Anti-Spam Legislation (CASL) take effect. Individuals…

April showers bring … flood and sewage back-up claims. Flooding and sewage back-up can result in significant damage for municipal ratepayers,…

The countdown to CASL is on: on July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (“CASL”) take effect. Individuals…

On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) will take effect. CASL is: Broad. It applies…

On July 1, 2014, the anti-spam sections of Canada’s Anti-Spam Legislation (aka “CASL”) take effect. CASL will apply to just about every…