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  • Article

    Do Fixed-Term Independent Contractors Have A Duty To Mitigate?

    Fixed-term contracts are often complex and can create risk. Companies looking to terminate fixed-term contracts with their independent contractors can breathe a bit easier...
    CanadaCorporate/Commercial Law
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Drafters Beware: Ontario Court Of Appeal Finds That An Entire Agreement Clause Does Not Necessarily Preclude A Claim For Pre-Contractual Misrepresentations

    In Spot Coffee Park Place Inc. v. Concord Adex Investments Limited,[1] the Ontario Court of Appeal recently found that an entire agreement clause only precluded a claim...
    CanadaCorporate/Commercial Law
Gowling WLG
Gowling WLG
  • Article

    Emojinal Damage: South West Terminal Ltd. V Achter Land, 2023 SKKB 116 (South West Terminal)

    A recent case from the Court of King's Bench for Saskatchewan, the second highest in the Province, ruled that the use of the "thumbs-up" emoji over text message...
    CanadaCorporate/Commercial Law
    Pallett Valo LLP
    Pallett Valo LLP
  • Article

    End Of The Bellatrix GasEDI Saga Marks Beginning Of Market Fallout

    EFCs are a class of financial agreements that represent one of the most substantial carve-outs from the relief available to debtors under the CCAA and the Bankruptcy and Insolvency Act.
    CanadaCorporate/Commercial Law
    McMillan LLP
    McMillan LLP
  • Article

    Fakes Are Not A Substitute For The Real Deal Under The Sale Of Goods Act

    In the recent decision of Computron Systems International Inc. v. Ladhani et al., 2020 ONSC 3188, the Ontario Superior Court reaffirmed the role of the Sale of Goods Act, R.S.O.
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Fisher v. Airfoam Industries Ltd. (Quad-Lock Building System)

    Fisher bought insulated concrete foam products from Quad-Lock Building Systems (Quad-Lock). Quad-Lock's sales order forms, signed electronically by Fisher, referred to the "Terms and Conditions of Sale"...
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Five Reasons To Read The Dispute Resolution Clause In Your Construction Contract

    Dispute resolution clauses are rarely the subject of negotiation. In my view, they are badly overlooked.
    CanadaCorporate/Commercial Law
    McLennan Ross LLP
    McLennan Ross LLP
  • Article

    Free To Negotiate: The Limited Nature Of Pre-Contractual Good Faith Obligations

    This claim involves allegations that a licensing agreement of the University's carbon capture technology with the defendant HTC was entirely non-exclusive.
    CanadaCorporate/Commercial Law
    MLT Aikins LLP
    MLT Aikins LLP
  • Article

    Further Cause For Alarm For Canadian Corporations With Foreign Operations

    We last wrote in July 2013 about Choc v Hudbay Minerals Inc., 2013 ONSC 1414, a decision which seemed to signal an increased willingness by an Ontario court to assume jurisdiction in a case of alleged wrongdoing by a foreign subsidiary of a Canadian corporation in a foreign country.
    CanadaCorporate/Commercial Law
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Going Remote Due To Covid-19? Organizations Should Consider These 5 Key Issues For Their Tech Contracts

    The spread of COVID-19 and social distancing are nudging many employers to transition to full or close-to-full remote workforces at lightening speed.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Here's The Drill: Court Rules That Sending A Thumbs-Up Emoji Can Constitute Acceptance Of A Contract

    In a recent decision in South West Terminal Ltd. v Achter Land, 2023 SKKB 116, the Court of King's Bench for Saskatchewan held that a text message of a thumbs-up emoji "👍" constituted acceptance of a contract.
    CanadaCorporate/Commercial Law
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    How Firm Is Your Handshake?: Letters Of Intent In M&A

    You signed a non-binding letter of intent. Weeks later, negotiations to finalize the deal have stalled, and you're starting to lose interest in the transaction.
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    IIROC Urges Dealers To Conduct Immediate Self-Assessment Of Retail Client Account Agreements For Inappropriate Limitation Of Liability Clauses

    Investment dealers frequently include in retail client account agreements clauses that seek to limit their liability to clients. In a recent Guidance Note,
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Just Another Contract – SCC Says No Special Rules Apply To Releases

    On July 23, 2021, the Supreme Court of Canada released its decision in Corner Brook (City) v. Bailey, 2021 SCC 29, providing clarity to the manner in which release agreements must be interpreted.
    CanadaCorporate/Commercial Law
    CLC (Canadian Litigation Counsel)
    CLC (Canadian Litigation Counsel)
  • Article

    Justin Heimpel's Client Achieves Success In Ontario Superior Court

    Justin Heimpel recently achieved a significant victory in the Ontario Superior Court of Justice regarding the interpretation of a contract term in an Agreement of Purchase and Sale.
    CanadaCorporate/Commercial Law
    Sorbara Law
    Sorbara Law
  • Article

    Keeping Secrets: A Refresher On Confidentiality Agreements

    People often engage in reflexive behaviour without thinking about the function underlying such behaviour.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    La Cour Supérieure Distingue Les Effets Du Refus De Contracter Et Ceux Du Refus D'exécuter Sur Le Processus D'appel D'offre Du BSDQ

    Dans la décision Construction Intégral MT inc. c. 4198191 Canada inc. (Industries Cama), 2020 QCCS 1953 rendue le 26 juin 2020...
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    Lenders Take Note: Exercising Discretion In Good Faith Affirmed By The Supreme Court Of Canada

    On February 5, 2021, the Supreme Court of Canada released its decision in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District.
    CanadaCorporate/Commercial Law
    Miller Thomson
    Miller Thomson
  • Article

    Lessons From The SEC's Recent Settlements With Unregistered Cryptocurrency Firms

    On September 11, 2018, the SEC announced its settlement of enforcement actions against two issuers engaging in the offer and sale of cryptocurrencies where, for the first time, the firms and their control persons ...
    CanadaCorporate/Commercial Law
    Goodmans LLP
    Goodmans LLP
  • Article

    M&A Considerations For Resource Issuers: Canada's Extractive Sector Transparency Measures Act

    Canada's Extractive Sector Transparency Measures Act (ESTMA, or the Act) came into force on June 1, 2015.
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Showing 661–680 of 3851 results

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