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Clarity on the duty to exercise contractual discretion in good faith: Wastech Services Ltd. v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7

Overview The Supreme Court of Canada released its decision in Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District [1] (the “Wastech Decision”) on February 5, 2021. The Wastech Decision was heard together with the case of C.M. Callow Inc v Zollinger, [2] and both are important elaborations on the manifestations of the organizing […]
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Kevin Refah

Kevin Refah, a Partner at Miller Thomson LLP in Toronto, is your go-to for mergers and acquisitions, corporate finance, and governance matters. With a particular focus on the technology and healthcare sectors, Kevin counsels founders, executives, boards of directors, financial institutions, investment banks, family offices, venture and private equity principals and other enterprises on a […]
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Episode 9: What is health law?

What is health law? It's much more than medical malpractice. Listen to our latest podcast episode for a conversation on how wide-ranging this area of law can be.
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CRA releases final guidance on qualifying disbursements: Key highlights

On December 19 2023, the Canada Revenue Agency released its final administrative guidance on qualifying disbursements. Guidance Document CG-032 (“Registered charities making grants to non-qualified donees”) first appeared in draft form a little over a year ago, on November 30 2022. The CRA issued the most recent version of the Guidance after a yearlong consultation […]
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Preparing by-laws under the Ontario Not-for-Profit Corporations Act, 2010: Where to start

On October 19, 2021, a new chapter for Ontario’s charities and not-for-profit corporations began when the long-awaited Ontario Not-for-Profit Corporations Act, 2010 (the “ONCA”) came into force. We discussed the ONCA generally in our previous newsletter. The ONCA now applies to all charities and not-for-profit organizations incorporated as non-share capital corporations under Ontario law and […]
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Bellatrix Exploration: Why a charge sometimes just isn’t enough

A recent decision in the Companies’ Creditors Arrangement Act (“CCAA”) proceedings of Bellatrix Exploration Ltd.[1] (“Bellatrix”) serves as a useful reminder to professionals that a court-ordered charge may not be enough to ensure their fees will be paid at the end of the day. Bellatrix is a publicly traded oil and gas company based in […]
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Short-term and taxable preferred shares: Think before you dividend

Introduction Dividend sits among the group of the most pleasant words in the English language. The crescendo of the single letter syllable in the middle of the word creates a satisfying enunciation when spoken. The connotation of the receipt of money or property from a corporation is always a pleasant thought. The alliterative phrase ‘directors […]
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ESG update: Appetite for enhanced climate and diversity disclosure gaining steam in Canadian capital markets

Introduction Earlier this year, Miller Thomson published an article that examined notable environmental, social and governance (“ESG”) disclosure requirements mandated by securities regulators and encouraged by proxy advisory firms.[1] Subsequently, there have been significant developments pertaining to board diversity and environmental risk disclosure requirements applicable to public companies. Due to the absence of standardized ESG reporting […]
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The Worth of “Diminished Value” Claims in Ontario

Introduction The claim goes by many names: “diminished value”, “diminution in value” and “accelerated depreciation”. The terms are interchangeably used to describe the economic loss of a property’s value as a result of the property having been damaged.[1] The concept of diminished value as it relates to vehicles is associated with the perceived loss of […]
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Aaron Atcheson

Aaron Atcheson practices in the area of commercial real estate and business transactions, and energy and infrastructure projects. He works with leading developers and lenders on a wide variety of projects, with a particular focus on the energy sector, in Canada, the US, and globally. Aaron’s deep experience is recognized consistently, making him a go-to […]
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