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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 […]

A recent Alberta decision has significant implications for how private messages on social media platforms may be accessed in litigation. In Terrigno v Petzold, 2025 ABKB 127 (“Terrigno”), the Alberta Court of King’s Bench ordered Bluesky, a social media platform based in the United States, to produce all of the direct messages it held for an […]

On November 6th, 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 […]

Eugene Yeung is an associate in Miller Thomson’s Corporate, M&A and Securities Group, based in Toronto. Eugene represents public and private companies in connection with a broad range of domestic and cross-border transactions, including mergers and acquisitions, capital markets and securities, structured finance and securitization, derivatives and ESG and carbon finance. Eugene also maintains an […]

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 […]

The ONCA and OBR Ontario’s Not-for-Profit Corporations Act, 2010 (“ONCA”) came into force on October 19, 2021. It modernizes the legal framework for Ontario’s not-for-profit corporations (also known as “non-share capital corporations”). Most non-share capital corporations that were previously governed by Ontario’s Corporations Act (“OCA”) are now governed by the ONCA. Existing non-share capital corporations […]

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 […]

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 […]

Proposed revisions to continuous disclosure obligations, Ontario’s short selling regulatory regime and more Overview On January 22, 2021, the Ontario Capital Markets Modernization Taskforce (the “Taskforce”) published its 115-page final report (the “Report”) outlining over 70 recommendations with a view towards amplifying growth and competitiveness in Ontario’s capital markets. Through this Report, the Taskforce aims […]