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By the end of 2019, more than 80 percent of United Nations (“UN”) Member States recognized the right to a healthy environment in law, with more than 110 countries recognizing the right to a healthy environment in their national Constitutions.[1] Last fall, after many years of advocacy by civil society organizations, the UN Human Rights […]

Many cryptocurrency lenders have declared bankruptcy. These loss events are indicators of the significant losses the cryptocurrency market has experienced this year. For investors who have suffered, an important consideration is how to capitalize on these losses. Accordingly, this article will analyze the recent Celsius Network (“Celsius”) bankruptcy and the tax strategy of writing off […]

Background No contest clauses, or “in terrorem” clauses (latin for “in terror” or “by way of threat”) are often used in wills to attempt to create a consequence or an ability to prevent a gift, if certain conditions are not met or certain actions are taken. Typically, no contest clauses intend to direct that if […]

Introduction and overview In Ruel v Rebonne, 2023 ABCA 156,[1] the Alberta Court of Appeal (“ABCA”), upheld a 5-year non-competition clause in a purchase and sale agreement as being reasonable. In doing so, the Court confirmed the proper approach for courts to follow when considering non-competition clauses in commercial agreements, as well as the scope […]

Editor’s note: since the date of this article being published, Health Canada has extended the deadline to provide feedback to the Proposed Policy to June 19, 2023. Health Canada has released a policy update which indicates that it intends to propose restrictions on food advertising on television and digital media that is primarily directed at […]

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. On May 24th, 2023, we hosted our Miller Thomson LLP Board of Directors Webinar Series for the […]

For over 150 years, the law has been clear that there is no “want of due diligence” or “contributory negligence” defence available to a person sued for fraud.[1] Despite this long history, defendants still attempt to rely upon the defence, unsuccessfully. In Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club Ltd., the Supreme […]

Administrative proceedings can be complex, difficult to manage and often last multiple years. Recently, in the case of Law Society of Saskatchewan v Abrametz[1], the Supreme Court of Canada (the “SCC”) rejected an expansion of the use of a stay of proceedings as a remedy in cases of abuse of process in administrative proceedings. This […]

As previously reported, Bill 139 proposed to amend Ontario’s Corporations Act to remove the requirement of share capital social clubs (“Social Clubs”) to obtain approval from each class of shareholders in order to effect a continuance under one of the specified acts. On December 4, 2023, Bill 139 received Royal Assent, which now codifies the […]

Under Section 85 of the Condominium Act, 1998, S.O. 1998, c. 19 (the “Condo Act”), a condominium corporation may register a lien against a unit owner in arrears of common expenses. Unless the owner agrees to pay, registering a lien gives notice to other parties of the corporation’s claim against the owner and his or […]