With a professional commitment to sharing insights and advancing an understanding of legal developments and trends, Miller Thomson’s lawyers are regular contributors to legal and business publications in Canada and internationally.
Appeals of Charity Revocations: What Is The Proper Standard?
Canadian Tax Focus, Volume 10, Number 4, November 2020
Until recently, when a charity challenged its revocation at the FCA, the charity had to prove that the CRA’s decision to revoke was unreasonable. It now appears that the charity must prove that the CRA committed a palpable and overriding...
No appeal of tax court decision in CanLII v. MNR
The decision of the Tax Court of Canada in CanLII v. MNR will not be appealed by the Minister of National Revenue. The case was argued on behalf of the registrant CanLII (Canadian Legal Information Institute) by Miller Thomson partners...
Eric Charleston is quoted in Canadian Underwriter article on how business interruption verdict impacts trends clauses
Canadian Underwriter, "How business interruption verdict impacts trends clauses"
If your clients are looking for business interruption coverage arising from the pandemic, a key question is whether there is a “trends clause” in their policy. “In policies with trends clauses, the calculation of loss of business income must take...
Eric Charleston is quoted in Canadian Underwriter on COVID-19 business interruption claims stemming from government restriction
Canadian Underwriter, "Does COVID lockdown constitute ‘prevention or hindrance of access’ under BI?"
Clients who lost business income during the pandemic might not get coverage even if they have coverage for “prevention or hindrance of access,” but this depends on exactly how the policies are worded. The High Court of England and Wales...
Eric Charleston quoted in Canadian Underwriter article on U.K. business interruption test case
Canadian Underwriter, "How Canadian courts could be influenced by U.K. business interruption test case"
A recent British court ruling could be good news for Canadian clients who bought insurance covering business interruption from an occurrence of a notifiable disease within a specified distance of their premises, and who had to close due to the COVID-19 pandemic....
David Krebs comments in IT World Canada article on data breach class action lawsuit
IT World Canada, “B.C. appeal court green-lights data breach class action lawsuit”
The article discusses a recent decision from the British Columbia Court of Appeal that upholds a lower court decision certifying a data breach class action lawsuit against a trust company: The decision caught the eye of Saskatchewan privacy lawyer David Krebs of...
Straight Talk: Recent Trends in Canadian M&A (Issue 3, 2020)
Issue 3 2020 of this quarterly publication is now available, with commentary from Miller Thomson Partners across Canada, a summary review of Q2 2020 market insights and highlights of our recent work.
Legal Perspectives on a Global Pandemic: COVID-19 as a ‘Teachable Moment’ for Carriers
Private Motor Carrier Magazine, Vol. 8, Issue 3, pg 31 - 33
As we emerge from the COVID-19 pandemic, private motor carriers may need to hit the reset button, learn from this experience, and look for ways to improve operational efficiency and scalability going forward. Contract terms, policies, practices and procedures should...
Kenneth Eccleston quoted in Lexpert article on adjudication and virtual dispute resolution
Lexpert Special Edition: Infrastructure 2020, "Adjudication, virtual dispute resolution in overdrive"
The article “Adjudication, virtual dispute resolution in overdrive” discusses prompt payment legislation and a new openness to virtual hearings, with Kenneth Eccleston commenting on virtual dispute resolution and other trends: In a courtroom environment, one “can never predict the length of...
David Tang quoted in Canadian Property Management article on CECRA program
Canadian Property Management, "CECRA now closed to new applicants"
With the August 31 deadline for first-time applications for Canada Emergency Commercial Rent Assistance (CECRA) now passed, the three-month program that evolved into five months of relief is closed to new recipients. Despite previous last-minute extensions — announced on June...