The possibility of contamination has to be considered in every property purchase, but in this month’s January issue of Canadian Lawyer Magazine, McInnes Cooper Partner, James Mosher, discusses that in New Brunswick a purchaser of a property may find themselves liable for clean up, irrespective of who may have caused the contamination.
Mosher practices in the area of Corporate Commercial Law which includes Real Property Law, and is the Office Lead Partner for the Saint John office of McInnes Cooper.
Canadian Lawyer Magazine is a Thomson Reuters business, reporting and analyzing the legal landscape from coast to coast.
Jul 26, 2024
The nature of the construction industry, especially when it comes to seasonal work and where the labour needs and costs must be estimated in…
Apr 2, 2024
Canadian provinces and territories continue to swiftly legislate prompt payment requirements – though not all are taking effect quite so…
Nov 1, 2023
On October 13, 2023, the Supreme Court of Canada issued its judicial reference opinion: a significant portion of Canada’s federal…
Sep 29, 2023
Updated February 9, 2024. On December 15, 2023, Bill C-56, the Affordable Housing and Groceries Act, became law, giving developers of…
Sep 11, 2023
Owning your own business offers many opportunities. But it also carries inherent risks, including exposure to personal liability. These three…
Apr 12, 2023
The Supreme Court of Nova Scotia has made it clear that, while the burden is high, pre-emptively vacating or discharging a builders’ lien is a…
Mar 16, 2023
Updated Feburary 9, 2024. On January 1, 2023, the Prohibition on the Purchase of Residential Property by Non-Canadians Act and accompanying…
Mar 2, 2023
All businesses need written contracts. Determining what written contracts are essential depends on many factors, including the nature of the…
Jan 27, 2023
We updated this publication on July 7, 2023. Bill 24 An Act to Amend the Business Corporations Act effected significant amendments to…
Jan 19, 2023
Updated April 1, 2024. Beginning December 31, 2022, both Canadian and non-Canadian trustees, partners of a partnership, private corporations,…
May 20, 2022
On May 22, 2010 (affectionately known as “Bitcoin Pizza Day”), a Floridian bought two Papa John's pizzas with Bitcoin. The day is famous…
May 2, 2022
On April 14, 2022, the New Brunswick Court of Appeal released its decision in Royal Bank of Canada v. Estate of Susan Lynn Williams, revisiting…
Feb 23, 2022
On April 1, 2022, changes to the Newfoundland and Labrador Corporations Act proposed in Bill 24 An Act to Amend the Corporations Act will take…
Jan 25, 2022
More and more people are using smart contracts: the global smart contracts market was valued at USD $145M in 2020; it’s projected to be valued…
Nov 19, 2021
To help realtors better prepare their clients to ensure smooth real estate transactions with timely closings, here are the answers to the 10…
Nov 5, 2021
Purchasing commercial real estate as an investment, as a component of a business startup or as one asset in the share purchase of an existing…
Sep 9, 2021
Updated February 28, 2024. The New Brunswick Construction Remedies Act substantially came into effect on November 1, 2021, and took full…
Mar 1, 2021
The Supreme Court of Canada continues to develop and clarify the organizing principle of good faith performance in contract law. In its 2014…
Jan 20, 2021
In the first update to the CCDC 2 since 2008, in December 2020 the Canadian Construction Documents Committee (CCDC) published the CCDC 2 (2020).…
Jan 18, 2021
The Supreme Court of Canada, in the 2014 case of Bhasin v. Hrynew, recognized a general organizing principle of good faith performance in…
Nov 17, 2020
We updated this publication on July 11, 2023. Spurred by the COVID-19 Pandemic and bricks-and-mortar closures, businesses – from SMEs to…
Sep 29, 2020
Updated August 1, 2024. The rapid adoption of ESG (Environment, Social and Governance) principles and the growth of mandatory disclosure…
Jun 12, 2020
The financial technology (Fintech) industry uses technology to support and enhance financial and banking services.
May 11, 2020
McInnes Cooper partner Michael Melvin and Student-at-Law Myriam Whalen provide a detailed Legal Digest in the Spring 2020 Edition of The…
May 11, 2020
The Supreme Court of Canada recently released a much-awaited decision regarding the Companies’ Creditors Arrangement Act (CCAA). The CCAA is…
Mar 10, 2020
The global COVID-19 (a.k.a. Coronavirus or SARS-CoV-2) outbreak has implications for many commercial relationships, its evolving nature and…
Feb 4, 2020
Canada’s construction industry is abuzz with the latest innovation in lien legislation. Prompt payment requirements are being added to…
May 21, 2019
Updated July 10, 2024. If you “own” a company incorporated under either the Canada Business Corporations Act or under the corporate…
Jul 18, 2018
Updated January 26, 2023. Prince Edward Island corporations were formerly governed by the P.E.I. Companies Act – legislation that was…
Jun 12, 2018
This publication has been updated as at July 8, 2022. Changes to the Canada Business Corporations Act (CBCA) over the past several years have…
Nov 17, 2017
It’s official: as of October 31, 2017, “facilitation payments” contravene Canada’s Corruption of Foreign Public Officials Act (CFPOA).…
Aug 16, 2017
In the not-so-distant past, Canadian enforcement of its anti-corruption and anti-bribery legal regime has been relatively laid-back. But the…
Jul 17, 2017
A corporation does not always sail in calm or safe waters. Cash shortages, unattainable or unmet goals, Board disagreements over the best course…
Jul 13, 2017
When growing your business, you face many decisions, including choosing the business structure that is right for you. Your legal team can be…
Jun 23, 2017
On June 23, 2017, the Supreme Court of Canada decided that in a contest between the choice of forum clause in Facebook’s online terms of use…
Apr 20, 2017
On April 13, 2017, Canada’s federal government introduced legislation that, if passed into law, will legalize recreational cannabis in Canada.…
Apr 17, 2017
Recreational cannabis isn’t legal yet - but much of the associated stigma is already gone, usage is up and employers are feeling the workplace…
Mar 30, 2017
Social media platforms, like Instagram, Twitter, LinkedIn, YouTube, Facebook and GooglePlus, arguably have more followers and are more closely…
Jan 25, 2017
Doing business with the public sector creates an often overlooked – but very real – risk that the confidential information a business…
Oct 21, 2016
Updated August 19, 2024. All shareholders – whether in a startup, a small or large business or a family-owned business – can benefit from…
Sep 12, 2016
On September 9, 2016, the Supreme Court of Canada decided in Musqueam Indian Band v. Musqueam Indian Band (Board of Review) that an Indian band…
Aug 9, 2016
Updated January 27, 2023. A key legal decision in starting or growing your business is choosing the business structure that’s right for…
Jun 30, 2016
The condo real estate market, both retail and commercial, is hot. But condo developers and unit buyers need funding. Here’s the legal…
Jun 20, 2016
Real estate vendors and purchasers have high expectations of their realtors – and they don’t often hesitate to pursue legal action against…
Jun 17, 2016
In its June 16, 2016 decision in Rogers Communications Inc. v. Châteauguay (City), the Supreme Court of Canada decided a municipality’s…
May 10, 2016
On May 6, 2016, the Supreme Court of Canada generally affirmed the common law rule that positive covenants do not run with the land. More…
May 2, 2016
Updated October 4, 2023. Workplace accidents regularly lead to charges under occupational health and safety (OHS) law. These charges can be…
Mar 24, 2016
When a business responds to a public sector Request for Proposal or Expression of Interest (both of which we’ll refer to as an RFP for these…
Mar 9, 2016
On January 11, 2016, the Ontario Superior Court of Justice sentenced a front-line supervisor to imprisonment for 3½ years for four counts of…
Jun 25, 2015
Updated October 4, 2023. Most people know a company itself has occupational health and safety (OHS) obligations and risks corporate liability…
May 25, 2015
We updated this publication on July 21, 2022. Every party to a Right of Way has some idea of what that Right of Way is – but many times,…
Mar 3, 2015
Snow can be a big nuisance at this time of year, but snow load - the weight of the snow, usually measured in pounds per square foot - can be…
Dec 1, 2014
The construction industry - project owners, contractors, subcontractors and trades - might be relaxing, ignoring the hype around Canada’s…
Nov 14, 2014
On November 13, 2014, the Supreme Court of Canada (SCC) effected a significant development in Canadian contract law by recognizing the…
Sep 16, 2014
Updated August 25, 2022. Many believe that only public companies or large, established companies with many shareholders need to be concerned…
Aug 28, 2013
Updated June 5, 2024. A general security agreement (GSA) is the most common form of personal property security to secure commercial loans and…
Subscribe to McInnes Cooper to stay current with our leading insights on legal updates, trends, news, events, and services.