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Introduction Determining legislative intent – or, at a more basic level, the current state of the law – when interpreting a statute can be difficult. When reading certain provisions of a statute, steps should be taken to, among other things, ensure that the most current provisions are being reviewed, in addition to whether those provisions […]

The Muttart Foundation, in collaboration with Miller Thomson LLP, released Paths Forward in Financially Troubled Times – A Restructuring and Insolvency Guidebook for Charities and Non-profit Organizations in December 2020. The Guidebook laid out a number of avenues that groups can explore if they are financially stressed, including continuing operations in a different legal form or in […]

The Alberta Court of King’s Bench in Star Energy Canada Inc v Builders Energy Services Ltd, 2023 ABKB 641 affirmed and enforced an undertaking personally given by the principal of Star Energy Canada Inc. (“SEC”), the plaintiff in the lawsuit, to pay the costs of the defendant in the lawsuit, Builder Energy Services Ltd. (“BES”), […]

On March 25, 2021, the Supreme Court of Canada (“SCC”) released its decision in the Reference re Greenhouse Gas Pollution Pricing Act, upholding the constitutionality of the Greenhouse Gas Pollution Pricing Act (“GGPPA”). In a 6-3 split decision, the majority of judges found that Parliament has jurisdiction to enact this law under the Peace Order […]

On April 14, 2023, the Ontario Superior Court (the “ONSC”) released its highly-anticipated decision in Mathur et al v His Majesty the King in Right of Ontario [Mathur et al] in which it held that, although the Application raised justiciable issues, the Applicants had not established any violations of sections 7 and 15 of the […]

Introduction North America is the world’s largest free trade bloc with its roots tracing back to the 1965 Canada–United States Automotive Products Agreement and the 1989 Canada–United States Free Trade Agreement. In 1994 Mexico was integrated under the North American Free Trade Agreement (“NAFTA”). In 2020 Canadian Prime Minister Trudeau, Mexican President Enrique Peña Nieto, […]

Overview On June 20, 2024, Bill C-59, known as The Fall Economic Statement Implementation Act[1], 2023, received royal assent, enacting further amendments to Canada’s Competition Act (the “Act”).  Over the last two years, the Act has been substantially reformed through three separate rounds of amendments.  Cumulatively, these changes represent the most significant changes to Canadian […]

When construction projects fall behind schedule, the reason is rarely simple. Often, multiple parties contribute to delays that overlap or occur at the same time, creating what is known as concurrent delay. These situations can have serious cost and liability implications for both contractors and owners. This communique explores the leading Canadian case and the […]

United States Tariffs Effective Tuesday, March 4, 2025, and following a 30-day pause, President Donald J. Trump implemented tariffs on goods originating from Canada and Mexico under the International Emergency Economic Powers Act (“IEEPA”), the National Emergencies Act, and the Trade Act of 1974. Goods originating from Canada and Mexico and presented for entry into […]

It is a hallmark of common law jurisdictions that testators have freedom of testamentary disposition , subject only to three exceptions. In other words, an individual may dispose of his or her property as he or she wishes, even if the manner of disposition is whimsical. Inadequate Provision for Dependants Most jurisdictions have legislation that provide […]