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  • Article

    Natural Justice Overtakes Deference In Contractual Interpretation

    The resulting procedural unfairness warranted judicial intervention.
    CanadaCorporate/Commercial Law
    Osler, Hoskin & Harcourt LLP
    Osler, Hoskin & Harcourt LLP
  • Article

    New Good-Faith Duty Of Honesty In Contractual Performance Recognized By Supreme Court Of Canada

    A new duty of honest performance has been imposed on all Canadian contracts by the Supreme Court of Canada.
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
Article

No Deal: Court Of Appeal Rules On Buy-Sell "Gone Wrong"

As described below, the Court of Appeal for Ontario recently weighed in on a "share-purchase transaction gone wrong" in Leeder Automotive Inc. v. Warwick.
CanadaCorporate/Commercial Law
Crawley MacKewn Brush LLP
Crawley MacKewn Brush LLP
  • Article

    Ontario Court Of Appeal Decision On Standard Of Review Of A Standard Form Contract

    The Ontario Court of Appeal recently held that the standard of appellate review for the interpretation of a standard form title insurance policy is correctness.
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Primer On Contract Interpretation (Part 3)

    A review of the Alberta Court of Appeal’s guidelines to assist with basic contract interpretation.
    CanadaCorporate/Commercial Law
    Field Law
    Field Law
  • Article

    Providing Enforceability Opinions

    In Ontario, the question of whether in-house counsel can provide enforceability opinions in the context of loan and purchase transactions is both a legal and practical matter...
    CanadaCorporate/Commercial Law
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Second Opinion: Contracting Out Of Prescription / Limitations – A Quebec Perspective

    Under the law of Quebec, article 2884 C.C.Q. prohibits the modification by contract of the prescriptive or limitations period provided by law.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    The Supreme Court Of Canada Renders A Decision On Restrictive Covenants Contained In An Asset Sale Agreement

    On September 12, 2013, in "Payette v. Guay inc.", the Supreme Court of Canada rendered a decision which will be of interest to anyone involved in a transaction for the purchase or sale of assets.
    CanadaCorporate/Commercial Law
    Lavery
    Lavery
  • Article

    The Supreme Court Opines On The Law Of Unintended Consequences

    At common law, Courts have always had the power, through the equitable remedy of rectification, to correct mistakes in a contract where that instrument incorrectly records the parties' agreement.
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Toronto As A Seat For Commercial Arbitration

    As a more convenient and less expensive place to conduct an arbitration than many of the world’s more traditional arbitration centres, Toronto is quickly gaining recognition as one of the best places to arbitrate commercial disputes.
    CanadaCorporate/Commercial Law
    Lerners LLP
    Lerners LLP
  • Article

    What Impact Does A 'Time Is Of The Essence' Clause Have In A Contract?

    When entering into a contractual agreement, many people place emphasis on key terms such as price, services, or obligations while overlooking a critical clause —"time is of the essence."
    CanadaCorporate/Commercial Law
    Woitzik Polsinelli LLP
    Woitzik Polsinelli LLP
  • Article

    What’s In A Name? Potential Personal Liability For Failure To Ensure Companies In BC Use Their Full Corporate Name

    Many companies do business under a shortened version of their name or a separate business or trade name, without also setting out their full legal name.
    CanadaCorporate/Commercial Law
    DLA Piper
    DLA Piper
  • Article

    Whole Agreement Clause Upheld By Court Of Appeal

    A properly-worded whole agreement clause is effective to exclude liability for innocent and negligent misrepresentations, the Alberta Court of Appeal recently held in Houle v Knelsen Sand and Gravel Ltd.
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    You Get What You Bargin For: Tariffs And MAE Clauses

    Trump-era proposed tariffs on Canadian goods have introduced uncertainty and volatility into Canada's M&A market. However, uncertainty in the market is nothing new to Canadian...
    CanadaCorporate/Commercial Law
    Lindsay Kenney LLP
    Lindsay Kenney LLP
  • Article

    Common Sense Prevails: Ontario Court Of Appeal Delivers Welcome Clarity On Termination Clauses

    The Ontario Court of Appeal has issued a landmark ruling that clarifies the interpretation of employment termination clauses, rejecting overly technical challenges and restoring predictability for employers. In two consolidated appeals, the court upheld termination provisions that had been subject to conflicting lower court decisions, establishing key principles about contextual interpretation, savings clauses, and common contractual language. This decision marks a significant shift away from the "gotcha" p
    CanadaEmployment and HR
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Employers: Consider These Sample New Year's Resolutions

    With the start of a new year comes the opportunity to reflect on your business's labour relations and start tackling those items on your "to-do" list.
    CanadaEmployment and HR
    Siskinds LLP
    Siskinds LLP
  • Article

    Is Your Termination Clause Enforceable? Check Again!

    Enforceable termination clauses in valid employment agreements are a key tool of employers in limiting liability to employees at the time of dismissal.
    CanadaEmployment and HR
    CCPartners
    CCPartners
  • Article

    Mandatory Retirement In Professional Services Firms

    On May 22, 2014, the Supreme Court of Canada released its decision in "McCormick v Fasken Martineau DuMoulin LLP".
    CanadaEmployment and HR
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Alberta Court Of Queen's Bench Upholds Exclusion Clauses In Industry Standard Agreement

    In Precision Drilling Canada Limited Partnership v Yangarra Resources Ltd 2015 ABQB 433 (QB Master) the Alberta Court of Queen's Bench confirmed that a contractor can enforce its right to be paid for its work
    CanadaEnergy and Natural Resources
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    American Creek Resources Ltd. v. Teuton Resources Corp., 2015 BCCA 170

    This British Columbia Court of Appeal decision involves the contractual interpretation of the phrase "exploration expenditures" within an option agreement.
    CanadaEnergy and Natural Resources
    McCarthy Tétrault
    McCarthy Tétrault
  • Showing 421–440 of 3851 results

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