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The British Columbia Supreme Court in Dubroy v. Canadian Northern Shield Insurance Co., 2021 BCSC 352 held that a home insurance policy was not rendered void because there was no material change in risk arising from a change in occupants. The Court further found that, even if there was a material change in risk, the […]

On January 31, 2022, the Alberta Court of Appeal (ABCA) issued its decision in Rieger v. Plains Midstream Canada ULC.[1] The ABCA adopted the analysis as set out in the Supreme Court of Canada (SCC) decision, 1688782 Ontario Inc. v. Maple Leaf Foods Inc.,[2] which addresses the narrow avenues and difficulty of bringing tort based […]

Overview The Supreme Court of Canada released its decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District [1] (the “Wastech Decision”) on February 5, 2021. The Wastech Decision was heard together with the case of C.M. Callow Inc v Zollinger, [2] and both are important elaborations on the manifestations of the organizing […]

Decentralized finance (“DeFi”) is a financial alternative offered through various cryptocurrency platforms where liquidity pools are available to investors without the need for third-party lending institutions. In the years to come, the nascent DeFi industry may shape, transform and even eliminate the need for traditional legal recovery mechanisms such as loan and security packages. While […]

Kinless Canadians make up almost one-third of Canadian households[1]. In Part One of this two-part series, we explained why estate planning is important for kinless Canadians notwithstanding that they may not have any dependants to whom to provide financial support. We also shared some general considerations for managing the costs of planning and tips to […]

On October 19, 2021, a new chapter for Ontario’s charities and not-for-profit corporations began when the long-awaited Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”) came into force. We discussed the ONCA generally in our previous newsletter. The ONCA now applies to all charities and not-for-profit organizations incorporated as non-share capital corporations under Ontario law and […]

Ontario Court of Appeal upholds Application Judge’s treatment of Property Report Evidence In AIG Insurance Company of Canada (“AIG”) v Lloyd’s Underwriters (“Lloyd’s”) (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering “whether two insurers have a duty to defend a mutual policy holder in a progressive property damage claim.”[1] The Court […]

On December 19 2023, the Canada Revenue Agency released its final administrative guidance on qualifying disbursements. Guidance Document CG-032 (“Registered charities making grants to non-qualified donees”) first appeared in draft form a little over a year ago, on November 30 2022. The CRA issued the most recent version of the Guidance after a yearlong consultation […]

  Vehicles need fuel to operate. Until recently the fuel was usually a petroleum product. Conditional sale vendors and lessors of vehicles do not finance equipment to fuel gasoline or propane powered vehicles. Increasingly, the vehicle fuel is now electricity delivered to the vehicle by a charging unit. Dealers and manufacturers will want customers acquiring […]

The Supreme Court of Canada’s recent decision in Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc. [1](the “Earthco Decision”) provides clarification for parties seeking to limit or contract out of statutorily implied obligations under Ontario’s Sale of Goods Act (“SGA”).[2] More specifically, the Earthco Decision elaborates on the requirement of an “express agreement” under […]