Category: Newsletters

Personal Liability of a Director – Are you at Risk?

Katrina Yaworsky If a director of a corporation acts in an oppressive or unfairly prejudicial way toward certain classes of parties involved in the corporation, he or she can be held personally liable under the federal and provincial corporate statutes (Canada Business Corporations Act, RSC 1985, c. C-44 (“CBCA”); British Columbia’s Business Corporations Act, SBC

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Peter B. Gorgopa A seller’s right to terminate a contract of purchase and sale of residential property by declining to remove or waive a condition was considered recently by the Supreme Court of British Columbia in Zhang v. Amaral-Gurgel, 2017 BCSC 1561.  In that case, the defendant seller agreed to sell her home to the

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Court Confirms No Claim Against Consultant
for Non-Dangerous Defects

Craig A. Wallace, P.Eng. In Winnipeg Condominium No. 36 v. Bird Construction Co., [1995] 1 SCR 85, the Supreme Court of Canada opened the door to recovery in tort – i.e., by parties who do not have a contract with the defendant – of “economic loss” for design and construction defects. “Economic loss” in this

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CASL Redux – The Federal Government Is Not Done Yet

Christopher J. Bakker As avid readers of our newsletter will know by now, certain provisions of Canada’s 2014 anti-spam legislation (CASL) were amended as of July 1, 2017. In brief, CASL’s three year transition rules have come to an end, and with that, changes have been made to the current implied consent rules and the

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Canada’s Anti-Spam Legislation (CASL)

Matthew Wansink, Seema Lal As a result of the transition provisions coming to an end on July 1, 2017, we have prepared another overview of Canada’s new Anti-Spam Legislation (CASL), the impact it will have on businesses and how businesses can maintain their current marketing campaigns in a CASL-compliant manner.  Download our presentation (in PDF)

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Builders Lien Act Reform

Seema Lal Ontario On May 31, 2017, the Construction Lien Amendment Act, 2017, was introduced in the Ontario legislature.  The proposal includes provisions for a mandatory prompt payment regime and mandatory fast-track dispute resolution.  These amendments are a welcome modernization of the Ontario Construction Lien Act (CLA) and it is hoped that similar reforms will

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Extending BC’s Civil Resolution Tribunal to Claims Up To $5,000

Matthew D. Wansink Wait, You Mean There’s a Problem?? Litigation does not come cheap.  Even for a claimant with a solid case and ample evidence in support, the legal process takes time, is complex and costs money. While various attempts have been made to streamline claims under $25,000 (for instance, by use of the small

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First Nations Consultation And Impact Benefit Agreements

Katrina Yaworsky Duty to Consult First Nations It is well known that the government of Canada has a duty to consult with First Nations groups and communities.  Consultation is required if existing or asserted Aboriginal rights may be impacted by a government decision, for example by the issuance of a permit related to a project. 

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CLAIMS FOR CONSTRUCTION DEFECTS: Limitation and Warranty Period Considerations

Robyn Laing, Articled Student In our 2011 newsletter, we noted that there is a common misconception in the construction industry regarding the difference between a limitation period and a warranty period.  A limitation period is the time frame specified by statute within which a lawsuit must be brought. If there is a failure to commence

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