News

CASL Redux – The Federal Government Is Not Done Yet

By: Christopher J. Bakker As avid readers of our newsletter will know by now, certain provisions of the 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 it changes to the current implied consent rules and the granting

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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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SHK Welcomes Its Newest Associate

SHK is pleased to announce that our (now former) articled student, Robyn Laing, was called to the bar on June 2, 2017.  Congratulations!

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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BC’s NEW FRANCHISES ACT: CHANGING THE PLAYING FIELD

Matthew Wansink On February 1, 2017, British Columbia’s new Franchises Act (“Act”) came into force, along with its associated Regulations. With this legislation, British Columbia became the sixth province in Canada to regulate its franchise industry. The Act and Regulations apply to all franchisors and franchisees operating within the borders of the province, regardless of

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