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Introduction Earlier this year, Miller Thomson published an article that examined notable environmental, social and governance (“ESG”) disclosure requirements mandated by securities regulators and encouraged by proxy advisory firms.[1] Subsequently, there have been significant developments pertaining to board diversity and environmental risk disclosure requirements applicable to public companies. Due to the absence of standardized ESG reporting […]

On November 10, 2023, the Supreme Court of Canada (“SCC”) released a decision upholding[1] the Ontario Court of Appeal’s decision that the City of Sudbury (the “City”), which was the “Owner”[2] of a construction project, could also be held liable as an “Employer” for violations of Ontario’s Occupational Health and Safety Act (the “OHSA”)[3] and […]

With more news and discussion every day on the threat of climate change and the need for society to transition from carbon-emitting fossil fuels to cleaner, renewable energy, most attention has been focused on the same solutions for several years: wind, solar, and hydroelectric power generation, electric cars and (in some circles) nuclear power. Hydrogen, […]

Parties facing grossly exaggerated lien claims now have some additional arsenal to defeat the liens before trial. In Darwin Construction (BC) Ltd. v PC Urban Glenaire Holdings Ltd., the British Columbia Court of Appeal (“BCCA”) clarified the circumstances under which a builder’s lien can be cancelled where the lien claim is both exaggerated and unsubstantiated.[1] […]

Introduction and overview Rule 4.31(1)(a) of the Alberta Rules of Court, Alta Reg 124/2010 (the “Rules”) provides that if “delay” has occurred in an action, the Court may dismiss all or any part of a claim if the Court determines that the alleged delay has resulted in significant prejudice to a party.  Often, applications for […]

Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten days after the delivery of a statement of defence, within ten days after the plaintiff […]

Directors of CBCA[1] governed corporations often take comfort in the two‑year limitation period on personal liability under subsection 323(5) of the Excise Tax Act (“ETA”)[2]. After resignation and the passage of time, the risk of a personal assessment is generally expected to expire. But what if the corporation is dissolved for failure to file and […]

Throughout Canada, the purchase and sale of goods is governed by provincial & territorial “sale of goods” legislation. These laws were originally modelled on the United Kingdom’s Sale of Goods Act, 1893, [1] and they apply in every province and territory except Quebec.[2] In Alberta, this legislation is known as the Sale of Goods Act […]

Introduction It is common for construction contracts to impose notice requirements on parties seeking to make claims in relation to the contract. Such clauses often impose multiple timelines on claimants, and state that noncompliance will invalidate the claim. Canadian courts have demonstrated that they will strictly enforce notice requirements, and have stated that compliance is […]

The Supreme Court of Canada (“SCC”) released its decision in Southwind v. Canada, 2021 SCC 28 (“Southwind”) on July 16, 2021. The decision clarifies how to assess equitable compensation for a breach of Canada’s fiduciary duty to Indigenous peoples in the context of reserve lands. Background In 1929, a dam to power hydroelectricity generation to […]