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Navigating development near transit corridor lands can present significant complexities, particularly in light of the regulations established by Ontario’s Building Transit Faster Act, 2020, S.O. 2020, c. 12  (the “Act”). The Act, which is aimed at expediting the completion of priority transit projects, provides that the Lieutenant  Governor in Council of Ontario (the “Governor”) may […]

As the reporting of environmental, social and governance (ESG) metrics has become more mainstream, at least with respect to large, publicly traded, corporations, the content of the reports and the implications of adopting ESG-friendly corporate practices are coming under increasing scrutiny by investors, regulators and even non-governmental organization (NGOs). This creates a challenge for boards […]

Today’s world is unquestionably moving online. This reality has changed the way Canada’s not-for-profits and charities operate. The Canada Revenue Agency (“CRA”) has been evolving with this digital trend by providing the My Business Account secure online portal (“MyBA”). MyBA allows corporations and their authorized representatives to easily, quickly, and securely make changes to their […]

On November 4, 2024, Alberta’s Minister of Service Alberta and Red Tape Reduction (Hon. Dale Nally) introduced Bill 30, known as the Service Alberta Statutes Amendment Act, 2024 (“Bill 30”).[1] Bill 30 passed through second and third readings in November and December and received royal assent on December 5, 2024. Bill 30 will come into […]

The forms and procedures required in Alberta’s and Saskatchewan’s provincial “homestead legislation” create dower rights, which act as safeguards to protect spouses who do not own their homes (the non-owning spouse) from having their homes sold without their consent. However, these same requirements also create ample opportunities for fraud to occur in the dower context. […]

In Pacific Atlantic Pipeline Construction Ltd. (“PAPC”) v Coastal Gaslink Pipeline Ltd, 2024 ABCA 74 (“CGL”) the Alberta Court of Appeal affirmed that the higher “strong prima facie case” standard was the correct standard to apply when considering whether an interlocutory injunction should be granted to prevent  a party from drawing on a standby letter […]

Ontario Court of Appeal upholds Application Judge’s treatment of Property Report Evidence In AIG Insurance Company of Canada (“AIG”) v Lloyd’s Underwriters (“Lloyd’s”) (2022 ONCA 699), the Ontario Court of Appeal was tasked with answering “whether two insurers have a duty to defend a mutual policy holder in a progressive property damage claim.”[1] The Court […]

Long-term commercial leases can pose challenges for both tenants and landlords, particularly  when changing circumstances – whether it be financial, operational, or otherwise – render a lease untenable. In such situations, landlords are at risk of tenants defaulting on their obligations by repudiating the lease or abandoning the leased premises, leaving the landlord with an […]

The Crown’s “prerogative of priority” has been enforced in Canada since it was established as a colony of England. See Canada v. Bank of Nova Scotia, [1885] 11 S.C.R. 1 (“the Crown is entitled at common law to a preference … , the Queen’s rights and prerogatives extending to the colonies in like manner as […]

You have all been faced with the situation as to who is responsible for maintenance of sidewalks adjacent to an insured’s property and the portion of the driveway that is beyond the sidewalk adjacent to the municipality’s roadway. The caselaw  appears to establish that the homeowner cannot be found liable for damages however, there are […]