Insights

The importance of following the “standard approach” to liening: Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147

Breaking Ground: MT Construction Law Western Canada

In the recent Alberta Court of Appeal decision Avli BRC Developments Inc v BMP Construction Management Ltd, 2023 ABCA 147 (“Avli”), Alberta’s appellate court validated the liens of subcontractors – the validity of which was in question because of various […]

More

Do private investigators in Alberta owe a duty of care to a person they are investigating?

Commercial Litigation Communiqué

Introduction Do private investigators in Alberta owe a duty of care to a person they are investigating? The Supreme Court of Canada (“SCC”) and the courts of Alberta have yet to rule on this question, and there is conflicting case […]

More

Recapping ISDA’s Annual Margin Survey

Structured Finance and Securitization Communiqué

Introduction On May 9, 2023, the International Swaps and Derivatives Association (ISDA) released its annual survey examining the total initial margin (IM) and variation margin (VM) collected by leading derivatives market participants in 2022. ISDA is an international private trade […]

More

Saskatchewan Court of Appeal confirms proof of a material change in risk requires strong evidentiary foundation

MT Insurance Law Blog

Introduction Wynward Insurance Group v Smith Building and Development Ltd, 2023 SKCA 57 highlights significant considerations for insurers who are considering denying claims on the basis of an insured’s failure to disclose a material change in risk. Background facts The […]

More

Confirming Alberta’s approach to specific performance: Kroetsch v Chick, 2023 ABKB 326

Commercial Litigation Communiqué

Introduction and overview Specific performance is an equitable remedy that can be ordered by a court to compel a person to perform a contractual obligation. This remedy is only available when monetary damages are inadequate. In the recent decision of […]

More

Administrative dissolution of charities and not-for-profits introduced by Corporations Canada

Social Impact Newsletter

This July, Corporations Canada will begin issuing administrative dissolutions to not-for-profit (“NFP”) corporations governed by the Canada Not-for-profit Corporations Act (“CNCA”), that have not filed their annual returns for three (3) or more consecutive years. Corporations Canada requires every active […]

More

Social purpose real estate projects

Social Impact Newsletter

Social purpose real estate projects: The goals Social purpose real estate development is an endeavor that seeks to address challenging and pressing issues such as affordability of suitable housing and access to rental space in communities across Canada. The goals […]

More

( Available in French only )

Appel d’offres en cours : La Cour d’appel confirme l’interdiction pour un donneur d’ouvrage de négocier parallèlement avec un tiers

Construction Newsletter - Quebec

Le 26 août 2021, notre collègue Yann-Julien Chouinard vous faisait état du jugement rendu par la Cour supérieure dans l’affaire 9150-2732 Québec inc. c. Ville de Montréal[1] quant à l’interdiction pour le donneur d’ouvrage de négocier avec un tiers alors qu’un […]

More

New reportable transaction rules receive Royal Assent

Tax Notes

Bill C-47 received Royal Assent on June 22, 2023, bringing into effect the new expanded reportable transaction rules. A failure to report as required by the new rules could result in substantial penalties for both taxpayers and their advisors. Taxpayers […]

More

Zero-rated supplies: Do not forget the burden of proof!

Tax Notes

The burden of proof in tax matters is a topic frequently addressed by commentators and dealt with in provincial and federal case law. However, the concept itself is sometimes confused with other tax concepts. For example, many taxpayers consider the […]

More