I'm often asked this question so I'll attempt to provide a high-level roadmap. My first step is to use the FIRAC method to organize my work. I identify the facts , spot the legal issues , research the legal rules that apply to the project, analyze the facts and draw conclusions about the legal risk and possible mitigation strategies. This is an iterative process, ...

In a previous post here , I provided an overview of the European Union’s draft Artificial Intelligence Act (“AIA”). On December 8, 2023 the European Parliament and the Council on the Artificial Intelligence Act reached political agreement on the content of the AIA. Next, the agreement will receive formal approval, which is expected to take place sometime in April 2024. ...

A Most Favoured Customer (“MFC”) clause usually states that the Supplier will treat the Buyer as their most favoured customer, which means that the Buyer will get Pricing terms that are no less favourable than any of the Supplier’s other customers. The MFC clause may even state that the Buyer will get better pricing than other customers. Some clauses go ...

Pricing terms (i.e., amount, discounts, invoicing currency) for Deliverables (i.e., goods, services, or licensed materials) are often contained in Schedules to an Agreement. The Agreement usually has clauses describing the structure of the Agreement itself. Within these clauses the parties can identify how schedules can be made and by whom, how they are to be interpreted in ...

A letter of credit (“LC”) is a legal commitment from a buyer’s bank to pay a seller for goods or services in accordance with the terms of the LC. Essentially, the bank guarantees payment for the underlying transaction between the buyer and seller (a.k.a. the applicant and the beneficiary). The LC operates autonomously from the underlying contract between the parties. The ...

Back in March 2023, I made a post describing how the Underused Housing Tax (UHT) Act applies to a wide scope of people aside from non-Canadian residents who own vacant residential property. Since that time, more has come to light with respect to who needs to file a UHT return, even if it can be established that no UHT is actually payable. It’s crucial that the public is made ...