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The scope of environmental regulation is broad and ever growing. One Ontario Court of Appeal judge famously asked in the midst of a case whether “MOE” stood for “Ministry of Everything?” It should not be surprising, therefore, that environmental law issues permeate almost every aspect of the construction industry. Unfortunately, many in the industry remain […]

Introduction In Prasher Steel Ltd. v. Pre-Eng Contracting Ltd.,[1] the Divisional Court addressed a number of issues arising on appeal, including the differences between “contracts” and “subcontracts,” as those terms are defined by the Construction Lien Act, RSO 1990, c. C.30 (the “Act”),[2] for the purposes of establishing deadlines for preserving and perfecting lien claims. […]

In recent years, cross-border transactions have increased in popularity and many of these transactions involve taking security over tangible and intangible personal property. As a result, it is now customary for financial services lawyers to be called upon by clients enquiring about taking and perfecting security in multiple jurisdictions and the applicable conflict of laws […]

The British Columbia Supreme Court in Dubroy v. Canadian Northern Shield Insurance Co., 2021 BCSC 352 held that a home insurance policy was not rendered void because there was no material change in risk arising from a change in occupants. The Court further found that, even if there was a material change in risk, the […]

From a niche industry trend, financial technology (“Fintech”) has become a major disruptive force in the global financial landscape over the past 10 years. The concept of Fintech refers to new technologies that aim to enhance the delivery and use of financial services at a reduced cost while expanding the range of services offered and […]

Daniel, a litigation associate, has experience in civil and commercial litigation and has worked on litigation matters at all levels of Court in Saskatchewan. Beyond Daniel’s professional achievements, Daniel has actively contributed to the community through volunteer roles at camps, as well as youth sport in Saskatchewan.

Karen L. Weslowski, the Leader of Insurance at Miller Thomson, is an experienced practitioner in insurance coverage and defence, construction and commercial litigation. In her insurance defence practice, she represents a wide range of professionals, including engineers, architects, lawyers, insurance agents, appraisers, financial professionals and real estate agents. A large portion of her construction work […]

As Ontario Municipalities and homebuilders work to increase housing stock, their efforts are shaped in part by the building standards regime in Ontario’s Building Code and the Building Code Act, 1992 (the “BCA”). Amid changes in construction costs and new methods and materials, the 2024 Building Code will aim to update and streamline standards when […]

Introduction A corporation may appoint an individual to act as its “agent,” vesting that individual with the authority to act on the corporation’s behalf when signing contracts or making certain decisions. But what recourse does a plaintiff have when a corporate agent misrepresents the extent of their authority to act on the corporation’s behalf? Or […]

This recent decision of the Alberta Court of Appeal provides important clarifications about the test for litigation privilege and the waiver of same that may result from voluntarily disclosure to unrelated third parties. Background In 2015, a northern Alberta pipeline operated by Nexen Energy ULC, now CNOOC Petroleum North America ULC (“CNOOC”), failed, resulting in […]