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Insight
Not-for-Profit legislative update from Alberta
Over the past year, there have been a number of significant legislative changes affecting the not-for-profit sector in Alberta. Some key updates to be aware of include: Below we provide a brief summary of each of these updates. 1. Ongoing authority for virtual meetings The Alberta legislature passed Bill 53: the Service Alberta Statutes (Virtual […]
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Insight
Ontario Court of Appeal emphasizes the importance of succinctness in insurance contracts
Introduction In Ontario Inc. v Northbridge General Insurance Corporation, 2022 ONCA 304, the Ontario Court of Appeal (the “Court of Appeal”) highlighted the importance of succinctness in insurance contracts. Northbridge General Insurance Corporation (the “Insurer”) appealed the Ontario Superior Court of Justice’s decision wherein Justice Susan Vella found a limit of liability provision ambiguous and […]
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Using anticipated losses within ownership structures
As much of Canada begins to loosen social restrictions surrounding Covid-19, many owners will be taking stock of the economic impact of the pandemic on their businesses. While the full economic picture is not yet known, many business are expected to realize losses, and consideration should be given to ensuring those losses can be optimally […]
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Have losses? Plan so that you can use them!
One of the consequences of COVID-19 is volatility in the stock market. Some investors facing losses in their portfolios are considering strategies to crystallize them and use the losses to offset capital gains. One-half of capital losses (referred to as an allowable capital loss) can be used to offset one-half of capital gains (referred to […]
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Breaking the bottleneck: Enhancing efficiency in legal processes
The current delays plaguing the civil justice system in Ontario represent a significant problem. There are many reasons that civil cases are slow to be heard on the merits, including (i) the use of procedural steps to intentionally cause delay and frustrate progress, (ii) regular non-compliance with the Rules of Civil Procedure[1] that result in […]
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Privacy Commissioners call on Health Industry to phase out use of traditional fax and unencrypted email in shift to digital healthcare
On September 21, 2022, the Office of the Privacy Commissioner of Canada released a Joint Resolution of the Federal, Provincial and Territorial Privacy Commissioners and Ombudspersons with Responsibility for Privacy Oversight entitled Securing Public Trust in Digital Healthcare (the “Joint Resolution”). The Joint Resolution calls on governments and health industry organizations and providers to implement […]
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Making priority a priority in construction lien disputes
The financial difficulty precipitated by COVID-19 has reached virtually every industry, and the construction sector is no exception. Debtors, lenders and trades dealing with insolvent construction projects will inevitably face priority disputes under Ontario’s Construction Act[1] (the “Act”) in instances where there is a limited fund available for stakeholders. A recent decision from the Ontario […]
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Ontario’s construction dispute interim adjudication: Pros and cons
It has been several years now since Part II.1, Construction Dispute Interim Adjudication (“Adjudication”), was brought into the Construction Act, RSO 1990 c C.30 (the “Act”). As a result of the transition provisions of the Act, it has taken some time for Adjudication to be applicable to ongoing construction disputes since these new provisions only […]
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Disciplining employees for off-duty conduct
In recent days, there has been significant public conversation in the United States, Canada, and beyond surrounding the insurrectionist riot that occurred at the US Capitol on January 6, 2021. As photographs, video, and audio of (and by) participants is circulated online and rioters identified, members of the public have demanded that organisations take action, […]
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Ransomware – Privacy law, sanctions, and the pandemic
It is trite to say that no matter the sector, size, or location of an organization, cyberattacks can be devastating. As we have seen throughout 2020 and this year in Canada and elsewhere, data breaches and operational interruptions caused by these attacks, and ransomware attacks in particular, have had dire consequences on the affected organizations, […]
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