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Under the Corporations Information Act (Ontario), corporations are required to file an Annual Return with the Ministry of Public and Business Service Delivery and Procurement (the “Ministry”) within six (6) months of the corporation’s financial year-end to update the public record. The Annual Return provides an updated slate of Directors and Officers to the Ministry, […]

The 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. During the transition period, the ONCA will apply where the not-for-profit corporation’s existing governing documents are silent. Our […]

Introduction In furtherance of Canada’s commitment to eliminate forced labour and child labour, the Fighting Against Forced Labour and Child Labour in Supply Chains Act (Canada) (the “Act”) received Royal Assent on May 11, 2023.[1] The Act imposes reporting obligations on government institutions, entities and entities controlling entities that produce, purchase, or distribute goods in […]

On August 29, 2022, the Prompt Payment and Construction Lien Act, RSA 2000, c P-26.4 (the “Act”), came into force in Alberta. The construction lawyers at Miller Thomson LLP have been preparing for the Act’s implementation for over a year and a half – our first communique on the subject was written on November 17, […]

Under the Ontario Construction Lien Act[1] (the “Act”), a contract is considered substantially performed when the improvement, or a substantial part thereof, is ready for use, or is being used for the intended purposes, and when the improvement is capable of completion or, where there is a known defect, correction can be completed for less […]

Overview Canadian export controls are set out in several Acts, regulations, and policies. A central piece of Canadian legislation is the Export and Permits Act (the “EIPA”).[1]  The EIPA controls the export or transfer of certain goods, software, and technology where it is in the public interest to do so.  EIPA controlled goods, software, and […]

A lien is a powerful and convenient tool used to protect trade and material suppliers in the construction industry. However, despite the convenience of the lien remedy, it is very time sensitive and requires comparatively quick action. As such, it is imperative for contractors in the construction industry to understand the calculation of time associated […]

This question was recently considered in the reported decision, Jasper Developments v. York Condominium No. 82, 2022 ONSC 768. By background, York Condominium Corporation No. 82 (“YCC 82”) had significant financial issues, and approved a special assessment of approximately $35,000 per unit to deal with urgent repairs. It was this special assessment which prompted the […]

A condominium corporation which intends to bring a compliance application is generally faced with a dilemma.  On the one hand, s. 134(1) of Ontario’s Condominium Act, 1998, S.O. 1998, c. 19 (the “Condominium Act”)  permits the condominium corporation to proceed via court application against a unit owner.  On the other hand, s. 134(2) of the Condominium […]

In Battiston v Microsoft Canada Inc.,[1] the Ontario Court of Appeal enforced a stock option agreement that limited an employee’s entitlement to non-vested stock options upon termination. This decision offers some welcome news for employers navigating the thorny world of termination obligations. The Facts The Plaintiff, Fransic Battiston, was employed by Microsoft Canada Inc. (“Microsoft”) […]