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Team Member
Mark Puszczak
Mark Puszczak is an active member of Miller Thomson’s Commercial and Construction Litigation groups, handling a wide array of general civil and commercial litigation cases. His experience spans contractual, commercial and construction disputes, and he has experience drafting pleadings, legal opinions, court applications and written submissions for a variety of forums. Mark has volunteered his […]
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Insight
Net zero greenhouse gas (GHG) buildings in Quebec in record time
(Special thanks to Feriel Fatiha Djemame) On April 7, 2016, the Government of Quebec (the “Government”) released the 2030 Energy Policy (the “Policy”)[1], which sets out Quebec’s goal of becoming a North American leader in energy efficiency and renewable energy by 2030. Accordingly, on November 16, 2020, the Government unveiled its 2030 Plan for a […]
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Team Member
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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The risks of failing to document memories and diligently progress an action
Introduction and overview Rule 4.31(1)(a) of the Alberta Rules of Court, Alta Reg 124/2010 (the “Rules”) provides that if “delay” has occurred in an action, the Court may dismiss all or any part of a claim if the Court determines that the alleged delay has resulted in significant prejudice to a party. Often, applications for […]
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Should the conditional sale vendor or lessor include the electric vehicle charging unit in the deal?
Learn about the recent recognitions received by our Financial Services and Restructuring Group lawyers. Vehicles need fuel to operate. Until recently the fuel was usually a petroleum product. Conditional sale vendors and lessors of vehicles do not finance equipment to fuel gasoline or propane powered vehicles. Increasingly, the vehicle fuel is now electricity delivered to […]
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Supreme Court confirms that construction project owners can be held liable as “employers” under Ontario’s OHSA
On November 10, 2023, the Supreme Court of Canada (“SCC”) released a decision upholding[1] the Ontario Court of Appeal’s decision that the City of Sudbury (the “City”), which was the “Owner”[2] of a construction project, could also be held liable as an “Employer” for violations of Ontario’s Occupational Health and Safety Act (the “OHSA”)[3] and […]
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Team Member
Balpreet S. Khatra
Balpreet practices broadly in commercial litigation, frequently appearing in the Supreme Court of British Columbia and other courts. His experience spans various areas including complex contractual disputes, shareholder and partnership issues, civil fraud, and fiduciary duty claims. He also handles bankruptcy, insolvency, debt collection, and construction-related disputes. Balpreet is known for his practical, cost-effective approach, […]
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British Columbia Court of Appeal confirms exaggerated builder’s lien claims may face cancellation, not reduction
Parties facing grossly exaggerated lien claims now have some additional arsenal to defeat the liens before trial. In Darwin Construction (BC) Ltd. v PC Urban Glenaire Holdings Ltd., the British Columbia Court of Appeal (“BCCA”) clarified the circumstances under which a builder’s lien can be cancelled where the lien claim is both exaggerated and unsubstantiated.[1] […]
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Third-Party Claim: Is It Out Of Time?
Third party proceedings can be an efficient, and cost-effective way of adding parties and any related claims arising from the same set of facts. Rule 29.02 provides the time constraints for when third party claims must be issued: within ten days after the delivery of a statement of defence, within ten days after the plaintiff […]
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Multiplying the capital gains exemption: WAIT – THEY GET THE MONEY??
You’re ready to sell your business. Excellent – congratulations on building something worth buying. You’ve had one of those family trust things around for several years. Thanks for following sound tax planning advice. You’re hearing now about multiplying the lifetime capital gains exemptions to pay less tax on the sale proceeds. Multiplication is good, especially […]
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