Related briefings

Court clarifies Construction Act transition provisions: date of prime contract is key for application of section 87.3

The changes to Ontario’s construction lien legislation continue to make themselves felt with the Ontario Superior Court’s recent decision in Crosslink Transit Solutions Constructors v. Form & Build Supply (Toronto) Inc. (2021 ONSC 3396), which interpreted the transition provisions of the Construction Act, R.S.O. 1990, c. C.30. In the Crosslinx case, the court concluded that the “contract” used to determine whether the old Construction Lien Act or the new Construction Act applies under s.87.3(1)(a) is the prime contract between the owner and the contractor.

Canadian travel update: easing border measures for fully vaccinated travellers to Canada

On 20 July 2021, the Government of Canada announced that fully vaccinated U.S. citizens and permanent residents (U.S. Green Card holders) will be allowed to enter Canada as of 9 August 2021 for discretionary travel. As of 7 September 2021, assuming Canada’s epidemiology remains favourable, the federal government will also open the Canadian borders to fully vaccinated travellers from all other countries for discretionary travel.

Annual product liability primer (webinar)

Our presentation covers many topics, including the definition of a product defect vs a safety defect, the parties that may be liable for a product defect, limitation of liability clauses, Québec specification, product recalls and practical tips and considerations, as well as best practices, for you and your team.

The role of hydrogen in Canada (webinar)

Curious about the role of hydrogen in Canada’s future? Join us for an informative online session focusing on key opportunities and challenges on the horizon. Gowling WLG’s Myron Dzulynsky will be joined by three industry professionals to discuss a number of issues and answer questions regarding this emerging market. The panel dives into federal and provincial policies, discuss how governments at all levels can help make the hydrogen industry a success, as well as what we can learn from other jurisdictions in terms of leadership in the industry.

The role of IP management and technology transfer in innovation-driven growth in the GCC region

Innovation is widely accepted as a central driver for economic growth and development in developed countries. Like most Gulf Cooperation Council countries, the UAE is keen on building a secure and sustainable economy for the future, one that is less dependent on natural resources and less exposed to volatile markets. In 2010, the UAE government announced its national growth strategy known as the ‘Economic Vision 2021’, which aims to transform the economy into a ‘knowledge-based, highly productive and competitive economy’ built on innovation, research, science and technology. These elements must come together to create an innovation ecosystem.

Latest Briefings

Do you need to make a late application for settled status?

The deadline for applying to the European Settlement Scheme to obtain pre-settled or settled status passed on 30 June 2021. However, the Home Office has made it clear that there is flexibility and late applications will be considered. This provision may not last forever and anyone who has missed the deadline should take action immediately to apply.

Bermuda Economic Substance Amendment Act 2021

The Bermuda Economic Substance Amendment Act 2021 received Royal Assent on 30 June 2021. This Act amends Bermuda’s Economic Substance Act, 2018, to bring limited partnerships without separate legal personality and overseas partnerships into scope. Partnerships that are now in scope which are carrying out a specified relevant activity must be fully compliant with the economic substance requirements and associated regulations by 30 December 2021.

Guidance from the Supreme Court on liquidated damages

The Supreme Court provided some welcome clarification on the law relating to liquidated damages in the recent judgment of Triple Point Technology Inc (Respondent) v PTT Public Company Ltd (Appellant) (2021). In doing so, the Supreme Court concluded that the Court of Appeal’s ‘radical re-interpretation’ of the law on liquidated damages clauses was ‘inconsistent with commercial reality and the accepted function of liquidated damages’.

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