Construction Dispute Gridlock – Is Relief in Sight?

Article
February 22, 2016
Read Time: 3 minutes

We are now only a few months away from the release of a comprehensive report examining the effectiveness of Ontario’s Construction Lien Act. On March 28, 2014, the Ontario government announced an independent analysis of the current construction lien regime, with a view to address a wide array of concerns – including promoting prompt payment and an analysis of the effectiveness of existing dispute resolution mechanisms under the Act. The aim is to modernize the Act to promote better efficiency and effectiveness.

Hryniak: Two years later – The multiple applications of ‘that summary judgment case’ from the Supreme Court of Canada

Article
November 20, 2015
Read Time: 3 minutes

In January 2014, the Supreme Court of Canada released its decision in Hryniak v Mauldin and called for a ‘culture shift’ in the approach to summary judgment and the civil justice system more generally. With the ambitious goal of reducing protracted, costly litigation that undermines access to justice – all the while ensuring the fair and just adjudication of disputes – it is surprising that Hryniak has not
garnered more attention.

Digesting Canada’s Tough New Anti-spam Laws

Article
August 26, 2014
Read Time: 9 minutes

Most Canadians are certainly in favour of reducing unwanted spam in their mailboxes, but Canada’s new anti-spam law (CASL) has been met with hesitation by both businesses and consumers. There are concerns however, that CASL won’t be effective in combatting the most insidious sources of spam, which often originates outside of Canada. There are also concerns that CASL’s broad provisions will be onerous on Canadian businesses, and that the law is likely to be found unconstitutional, but there really hasn’t been much written on why that is. This post explores these concerns through an international perspective on the fight against spam. When viewed in this context, CASL can be seen in a different light.

Legal, Accounting and Banking News Flash – Deadline for Continuance under the NFP Act

Article
August 19, 2014
Read Time: 2 minutes

Effective October 18, 2014, the Director of Corporations Canada has the legal authority to dissolve any corporation initially incorporated under the then Canada Corporations Act for failure to transition to the NFP Act. The good news is that corporations which have not transitioned as of Oct 17, 2014 will not automatically be dissolved as of that date. Rather, steps will need to be taken by Corporations Canada which are intended to ultimately lead to dissolution. A Notice of Intent to Dissolve will need to be served on such corporations. Such notice will inform the recipient that it has a period of 120 days to effect the needed transition, failing which dissolution will occur. Any corporation which fails to respond to the Notice of Intent to Dissolve will be assumed to be inactive and will be dissolved.

Canada’s New Anti-Spam Legislation: The Fundraising Exemption – Another Update

Article
July 14, 2014
Read Time: 2 minutes

On June 30, 2014 we reported that the CRTC had contacted Imagine Canada in respect of its June 5th publication about the breadth of CASL’s fundraising exemption for registered charities. At that time the CRTC indicated that it found some inconsistencies in the information provided by Imagine Canada and would provide clarification on July 4, 2014 in respect of the issue.

Continuing to the Canada Not-for-profit Corporations Act: Continue Now or Risk Dissolution

Article
July 2, 2014
Read Time: 2 minutes

The Canada Not-for-profit Corporations Act (the ‘CNCA’) came into force on October 17, 2011. This legislation states that all not-for-profit corporations must continue (transition) to the CNCA by October 17, 2014 or face dissolution. The deadline is fast approaching but there are still many corporations that have not transitioned to the CNCA.