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On November 6, 2024, Bills 33 (Protection of Privacy Act[1]) and 34 (Access to Information Act[2]) received a first reading in the Alberta Legislature. These Bills, if enacted, would split Alberta’s existing Freedom of Information and Protection of Privacy Act (the “FOIPP Act”) into two separate Acts.[3] The Bills were introduced, in part, due to […]

The Ontario Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. Not-for-profit corporations incorporated in Ontario will have a three year transition period to make changes to their governing documents to comply with the ONCA. Our ONCA Fast Facts series explores what is new and different in the ONCA. This week we […]

Introduction In the case of Quality General Contractor’s Inc. v. Wu et al,[1] (“Quality General Contractor’s Inc.”), the Ontario Superior Court of Justice addressed two key issues: (1) whether there was a valid and binding oral contract, specifically an enforceable guarantee,[2] between a subcontractor and the project owners; and (2) whether the subcontractor’s construction lien […]

Introduction The equitable remedy of specific performance is often claimed by contracting parties regarding the sale and purchase of land, in order to compel the other party to perform their contractual obligations. However, it is well-established that the remedy will not be granted unless the land is unique, such that the common law remedy of […]

My last article explained that courts will generally enforce contractual notice requirements contained in construction contracts. This article will explore the circumstances in which courts have permitted claims to advance despite a lack of strict compliance with notice requirements. Constructive Notice Constructive notice is when a claimant is able to show that, formalities aside, the […]

On October 31, 2024, Alberta’s Minister of Health, Adriana LaGrange, introduced Bill 26, known as the Health Statutes Amendment Act, 2024 (No. 2) (the “Bill” or “Bill 26”).[1] The Bill, which passed third reading on December 4, 2024[2], proposes significant changes to several of Alberta’s health laws, including the Provincial Health Agencies Act[3], the Public […]

Case Summary: Thaler v Perlmutter In a decision rendered on August 18, 2023 in the case of Thaler v. Perlmutter (“Thaler”), the U.S. District Court (for the District of Columbia) held that the U.S. Copyright Act requires human authorship and therefore only protects works of human creation.[1] In Thaler, the Plaintiff, Stephen Thaler used a […]

Introduction and overview A recent decision from the Manitoba Court of King’s Bench, 6165347 Manitoba Inc et al v The City of Winnipeg et al, 2023 MBKB 114, sheds light on the tort of misfeasance in public office. The central issue in this case revolved around allegations that public officials (the “Defendants”), including four employees […]

Counsel to Deloitte LLP

In public construction tenders, the integrity of the process must take precedence over the pursuit of the lowest price. A recent decision involving the City of Lévis (the “City”) confirms this: the lowest bid may be rejected if it fails to meet an essential requirement at the time of submission. This decision is a clear […]