By Samantha Ip In the recent decision of South Capitol Bridgebuilders v Lexington Insurance Company, No. 21-cv-1436, 2023 US Dist. LEXIS 176573 (D.D.C. Sep 29, 2023) (“South Capital”), the United States District Court for the District of Columbia created history by conducting the first detailed examination of the LEG 3 exclusion in the context of determining coverage […]
How to Enforce and Defend Builders Lien Claims:What Contractors and Owners Need to Know
Builders liens can have a critical impact on the financing of construction projects and affect every party in the chain, so it pays to know how to use and deal with a lien claim effectively. In this webinar, Clark Wilson’s Infrastructure, Construction & Procurement lawyers will cover what contractors and project owners need to know […]
Work With Your Aunt and Uncle’s Money, Not Their Opinions — Limited Partnerships as a Way Forward
By Karen Ngan In the course of doing business, you may have come across many ways of structuring your holdings. Corporations, partnerships, and joint ventures can all be useful depending on your circumstances and goals. These entities may work perfectly in situations where your business partners are at arm’s length – but what about when […]
Policies after the Pandemic: COVID-19 is Still Not Property Damage
The Ontario Court of Appeal affirmed in SIR Corp. v. Aviva, 2023 ONCA 778 that a commercial all-risks policy did not provide coverage for business interruption during the COVID-19 pandemic. Clark Wilson previously summarized the lower court’s decision. Insurers should welcome SIR Corp as consistent with the law in Canada: property policies covering “direct physical loss or damage” generally require actual physical […]
Can You Marry Your Way Into Inheritance? Understanding Restrictions on Property Transfers
Authors: Hannah Rachel Solmon and Zachary Murphy-Rogers In Vancouver, BC, a contentious situation recently unfolded at a local housing co-op when a man, one Mr. Mihaljo Tusa, married a terminally ill woman, his sister-in-law, only weeks before her death apparently to gain occupation of her co-op housing unit. Tusa’s newlywed spouse was Ms. Margaret Crysler, whose sister Eileen […]
Reinsurance and follow the settlements clauses: What you need to know
By Jacob Foster The Ontario Superior Court of Justice (Commercial List) recently released a decision regarding a “follow the settlements” clause in a reinsurance agreement. While follow the settlements clauses are common in reinsurance, this was the first time that a Canadian court has addressed the interpretation and application of such clauses. Follow the settlements clauses […]
If you are thinking about selling your business, you should be aware of the heightened need these days for protection of private information. I am constantly surprised by the amount of private information business owners are willing to supply, without restriction, to prospective purchases of their business. Unsophisticated sellers often allow potential buyers access to […]
Using Shareholders’ Agreements to Avoid Deadlock in Family Enterprises
Family dynamics can often lead to conflicts in the management of the family business, especially during transitions between generations. In worst-case scenarios, these conflicts can result in deadlocks, where directors or shareholders cannot agree on decisions going forward. This piece outlines the importance of a well-crafted shareholders’ agreement in addressing potential deadlocks, and discusses strategies […]
ALERT: Canada’s Underused Housing Tax Penalty Deadline has been extended a second time
The Canada Revenue Agency has extended the effective deadline again for filing and payment for the 2022 Underused Housing Tax (“UHT”) returns until April 30, 2024. Penalties and interest will be waived as long as the return is filed and payment is made before May 1, 2024. This coincides with the deadline for the 2023 UHT return.
We have previously provided you with reports of our successful argument that section 24 of the Builders Lien Act, S.B.C. 1997, c. 45 (the “Lien Act”) authorizes the court to cancel a certificate of pending litigation as consequential relief of cancelling a claim of lien. You can find our past articles on 4HD Construction Ltd. […]
Proposed Legislation to Provide Builders with Transparency and Cost Certainty Upfront
By Sarah Jones and Harman Kang On November 7, 2023, the Government of British Columbia proposed legislation aimed at providing builders and municipalities with a better understanding of the costs related to a housing project at the beginning of the development process, rather than at the zoning stage. The proposed legislation will support the shift to a pre-zoning regime proposed […]
Whether a business is worth $1 million or $100 million, the sameprinciples apply when it comes to business succession. After manyyears of experience in private company succession (and with about abillion dollars of transaction value behind me) I see business ownersfalling into the same predictable patterns time and time again. It’s understandable because while business […]
