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In Sabean v Portage La Prairie Mutual Insurance Co., the Supreme Court of Canada (SCC) found that, in standard form contracts, insurers cannot rely on specialized legal knowledge to advance interpretations departing from the ordinary meaning of provisions.

In a decision released on September 12, 2013 the Supreme Court of Canada provided some interesting observations and conclusions in respect of restrictive covenants.

A party to an indemnification agreement who intends to seek contribution or indemnity from another party implicated in an underlying action should ensure that it initiates a proceeding against that other party within two years of being served with the underlying claim, or consider entering into a tolling agreement to preserve its rights.

Business relationships so often begin with a non-disclosure agreement (NDA) and yet these documents are rarely given much thought, setting a poor standard for the relationship to follow. Moreover, NDAs are frequently...

On March 18, 2016, the British Columbia Court of Appeal released reasons for judgment in Do v. Nichols, 2016 BCCA 128.

The world of the contract lawyer should never be immune from the press for efficiency; the reliable, predictable and confidently reproducible contract in standard form is the one-size solution to fit most client needs.

Yangarra also amended its Statement of Claim to include an allegation of breach of duty of good faith in the performance of contractual duties.

Readers of our insight Top Five Considerations for Every Guarantee will have seen that planning guarantee provisions before drafting can bring both cost and time benefits.

On December 7, 2005, the Minister of Justice for the Province of New Brunswick introduced Bill 6, known as the Franchises Act. At this time, Bill 6 has only received first reading and a date for actual enactment of the proposed legislation is unknown.

In a context of weak growth, consolidation and maturity (see previous blog: Dynamics of the food and beverage manufacturing sector in Quebec: the retailer perspective), what are retailers doing to differentiate themselves and address their shareholders’ concerns?

The Federal Government launched the Canada Emergency Commercial Rent Assistance (CECRA) program to provide financial assistance to small businesses in respect of their commercial rent.

Green and Spiegel LLP provides comprehensive immigration law services for both Canadian and U.S. clients, offering corporate and individual solutions across multiple office locations.

Les sujets brûlants comme la cybersécurité, les changements climatiques.

When a senior software developer secretly creates competing software on his own time, who owns the copyright? The Ontario Court of Appeal's decision in Nexus Solutions Inc. v. Krougly clarifies the boundaries of employer ownership over employee-created work, establishing that broad job descriptions alone cannot secure intellectual property rights without clear contractual terms or direct involvement in the creation process.

Dans ce IP Monitor intitulé « Anti-suit injunctions and the importance of forum selection in commercial IP agreements » (en anglais seulement), mes collègues William Chalmers,...

As part of our quarterly series on current trends across different industries, our second article for 2019 explores cross-practice litigation developments in Canada

The Saskatchewan Court of Appeal has emphasized the need for mindfulness over provincial legislation affecting the enforceability of arbitration clauses.