Insights

Gratuitous transfers into joint tenancy and the gift of the right of survivorship: Part 2

Wealth Matters

In the first part of this two-part series, we discussed the ownership interests that can arise when property is gratuitously transferred into joint tenancy. We focused specifically on the gift of the right of survivorship. In this second part, we […]

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Limitation periods and the issuance of invoices

Breaking Ground: MT Construction Law Western Canada

Introduction and overview Harvest Operations Corp v Obsidian Energy Ltd, 2022 ABKB 848[1] is an appeal of a decision of Application’s Judge Prowse granting summary judgment in favour of the plaintiff, Harvest Operations Corp (“Harvest”), as operator of four petroleum […]

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( Available in French only )

Le défaut de fournir une lettre d’engagement pour le cautionnement d’exécution et le cautionnement pour gages, matériaux et services ne serait pas nécessairement une irrégularité majeure?

Construction Newsletter - Quebec

La détermination de la conformité d’une soumission suscite bien des débats. En présence d’une irrégularité mineure, le donneur d’ouvrage dispose d’une certaine latitude pour adjuger le contrat. À l’opposé, lorsque l’irrégularité est majeure, le donneur d’ouvrage n’a aucune discrétion et […]

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Tackling privacy and cybersecurity challenges as critical parts of ESG success

MT Biosphere™

Privacy and cybersecurity have evolved to take on major socio-political implications in recent years. Cybersecurity is currently one of the most serious enterprise risks facing Canadian businesses. It is also one of the greatest threats to national security and global […]

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Digital asset derivatives: The International Swaps and Derivatives Association, Inc.’s digital asset derivatives definitions

Structured Finance and Securitization Communiqué

The increased popularity of cryptocurrencies and other digital assets has sparked an evolution in the market for derivative contracts referencing such digital assets. In this piece, we provide a brief introduction to the concept of digital asset derivatives, their uses […]

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No more take-backs: Supreme Court of Canada restricts equitable remedies

Commercial Litigation Communiqué

Introduction In 2016, the Supreme Court of Canada (“SCC”) released their decision in Canada (Attorney General) v Fairmont Hotels Inc., 2016 SCC 56 (“Fairmont”), in which they restricted the availability of rectification, an equitable remedy whereby the court corrects error(s) […]

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Court of Appeal looks to true nature of claim in duty to defend application

MT Insurance Law Blog

The Court of Appeal’s recent decision in Ontario v St. Paul Fire and Marine Insurance Company (2023 ONCA 173) revisits the duty to defend that all underwriters should be aware of. When analysing pleadings and the terms of a policy, […]

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Quebec publishes a second environmental regulatory omnibus

EnviroNotes!

On February 22, 2023, building on a series of legislative and regulatory changes that have been enacted over the past two years,  the Government of Quebec (“Government”) proposed amendments to 24 regulations covering a wide range of activities with potential […]

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Canadian sanctions update: Prohibitions on Russian aluminum, steel, and arms

Global Trade and Customs Bulletin

Canada has recently imposed further sanctions against Russia under the Special Economic Measures (Russia) Regulations[1] (the “Regulations”) in response to Russia’s invasion of Ukraine. These sanctions are imposed in harmony with Canada’s partners and allies.[2] Most recently, Canada announced that […]

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Where business and nature intersect: TNFD releases final draft of Nature-Related Risk Management and Disclosure Framework

MT Biosphere™

In December 2022, the Parties to the UN Convention on Biodiversity (COP 15) met in Montréal to advance global action to address the ongoing loss of biodiversity. This meeting culminated in the adoption of the Kunming-Montreal Biodiversity Framework (the Global […]

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