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Introduction and overview Harvest Operations Corp v Obsidian Energy Ltd, 2022 ABKB 848[1] is an appeal of a decision of Application’s Judge Prowse granting summary judgment in favour of the plaintiff, Harvest Operations Corp (“Harvest”), as operator of four petroleum facilities, regarding unpaid invoices from its joint venture partner, the defendant, Obsidian Energy Ltd (“Obsidian”). […]

The Alberta Legislature has passed a new law that will revamp Alberta’s apprenticeship system: the Skilled Trades and Apprenticeship Education Act (the “Skilled Trades Act”).[1] The Skilled Trades Act is not currently in force, but once it receives Proclamation, this new legislation will repeal and replace the Apprenticeship and Industry Training Act (the “Apprenticeship Act”), […]

The author would like to acknowledge the contributions of Barry Temkin, partner at Mound Cotton Wollan & Greengrass LLP in New York.  In 2002, the New York Legislature passed the Prompt Pay Act[1], whose stated purpose is to promote timely payment to construction industry contractors and subcontractors.[2]  The Prompt Pay Act applies to “all contracts […]

Over the last several years, increasing demand from consumers for environmentally-friendly products and services has led to an increase in “greenwashing,” which involves the practice of conveying false, misleading, incomplete, or unsubstantiated information to consumers about a product or business’ environmental credentials. Canadian courts and adjudicative bodies have started recognizing the harm associated with greenwashing […]

The long-awaited Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”) came into force on October 19, 2021. Under the ONCA, Ontario not-for-profit corporations that were previously governed under Ontario’s Corporations Act (the “OCA”) were given a three-year transition period, until October 2024, to amend their governing documents to comply with the ONCA. Bill 91, Less Red […]

In Chandos Construction Ltd. v. Deloitte Restructuring Inc (the “Chandos Decision”), the Alberta Court of Appeal (the “ABCA”) recently considered whether an insolvent lien claimant was barred from enforcing its lien due to the potential expiry of the applicable limitation period.[1] This decision raises important issues for Alberta construction litigators, regarding the commencement of limitation […]

Significant amendments to the Power of Attorney Act and the Representation Agreement Act came into force in British Columbia on September 1, 2011. While powers of attorney or representation agreements made before this date are still valid, the new legislation brought in many changes.  One significant amendment is that British Columbia’s legislation, like other Canadian […]

Ahmad Adam is a partner in the firm’s Structured Finance and Securitization Specialty Group. He primarily practices in the areas of banking, finance, corporate and securities law. His broad corporate finance practice includes public and private securitization, structured finance, banking, secured financing and derivative products transactions. Ahmad represents a range of market participants, including domestic […]

Among the few technical tax measures affecting the charitable and non-profit sector proposed in the federal budget tabled on April 19, 2021 (the “2021 Budget”), one of the proposed budget amendments expands the ability for the Minister of National Revenue (the “Minister”) to revoke a charity or other qualified donee’s registration where an individual has […]

Marie-Hélène Tremblay is a tax partner as well as the leader of Miller Thomson’s Tax Disputes Resolution & Commodity Taxes group. Through her specialized practice, she advises taxpayers by intervening in audits and objection processes before Revenu Québec and the Canada Revenue Agency. She represents her clients at the judicial level before the provincial and […]