ArticleWant To Win Government Business? Don't Be Too ‘Commercial-Centric'Government procurement is complex - this is not by happenstance. CanadaGovernment, Public SectorFasken
ArticleFinancing Inventory Subject To Intellectual Property Rights: How Can Creditors Reduce The Risks?The rights of a secured creditor holding security in a debtor's inventory may be limited by certain third-party rights.CanadaInsolvency/Bankruptcy/Re-StructuringLanglois Avocats
ArticleThe Second Opinion: Beware Contractual Provisions Triggered (Even Indirectly) By A Party’s InsolvencyParties may need to proceed cautiously in enforcing contractual rights and remedies in circumstances where there is a risk of the counterparty subsequently becoming insolvent. CanadaInsolvency/Bankruptcy/Re-StructuringMcCarthy Tétrault
ArticleExpanding Market Opportunities Through LicensingSimply put, licensing is a business tool that commercializes your business' intellectual property and brand. CanadaIntellectual PropertyFroese Law
ArticleTwo Generics, One Hearing: Federal Court Orders Common Trial On Patent Validity Issues In Section 6 ActionsThe Federal Court has ordered that the trial of two actions brought under the post-CETA Patented Medicines (Notice of Compliance) Regulations (the Regulations), against two separate generics,CanadaIntellectual PropertyNorton Rose Fulbright Canada LLP
ArticleContracts – Terms, And Tariffs: Allocating Risks In Uncertain TimesThe simplest legal contract is an exchange, and it can be settled by a handshake or a simple "yes," or an "I agree." In business most contracts are settled in writing, in one form or another.CanadaInternational LawThompson Dorfman Sweatman LLP
ArticleA Difficult Defence, Non Est FactumEvery so often, a debtor is faced with the inevitable, but holds on to any defence available, no matter how untenable it might be. CanadaLitigation, Mediation & ArbitrationSpeigel Nichols Fox LLP
ArticleA "Reasonable" Restriction: Ontario Court Of Appeal Affirms Validity Of Restrictive Covenant In Purchase And Sale AgreementIn Dr. C. Sims Dentistry Professional Corporation v. Cooke, 2024 ONCA 388, the Ontario Court of Appeal upheld the trial judge's decision that a restrictive covenant in an agreement of purchase and sale was reasonable.CanadaLitigation, Mediation & ArbitrationBabin Bessner Spry LLP
ArticleAppeal Puts Faith To The Test: Court Grants Appeal From Arbitral Award On Scope Of Contractual Duty Of Honest PerformanceThe British Columbia Supreme Court has recently granted leave to appeal from an arbitrator's award that applied a broad notion of the doctrine of good faith in the performance of a contract.CanadaLitigation, Mediation & ArbitrationBlake, Cassels & Graydon LLP
ArticleCourt Of Appeal: Contractual Breaches Not Enough To Pierce The Corporate VeilThe Court of Appeal recently upheld a trial judge's conclusion that contractual breaches by a one-person-corporation did not rise to the standard of "improper conduct" that would justify...CanadaLitigation, Mediation & ArbitrationBorden Ladner Gervais LLP
ArticleDow v. Nova: Interpreting an Operator's Objective to OptimizeThe June 20, 2018 Court of Queen's Bench of Alberta decision in Dow Chemical Canada ULC v. NOVA Chemicals Corporation (2018 ABQB 482) caused headlines as a result of the more than $1.3 billion damages award. CanadaLitigation, Mediation & ArbitrationLawson Lundell LLP
ArticleFive Key 2020 Decisions For BusinessesDespite the pandemic defining much of 2020, five key decisions were released last year of lasting impact to businesses and commercial dealings. CanadaLitigation, Mediation & ArbitrationAird & Berlis LLP
ArticleGoing To California: Court Of Appeal Rules Forum Selection Clause Overrides Certification Of B.C. Privacy Act ClaimsIn Douez, the plaintiff sought to certify a class proceeding on behalf of all Facebook users in B.C. whose name or portrait was used by Facebook for advertising through a product called "Sponsored Stories." CanadaLitigation, Mediation & ArbitrationBlake, Cassels & Graydon LLP
ArticleIn The Aftermath Of Uber V Heller: Balancing Contractual Freedoms With Access To JusticeOn June 26, 2020, the Supreme Court of Canada released its decision on Uber Technologies Inc. v Heller regarding the enforceability of mandatory arbitration clauses...CanadaLitigation, Mediation & ArbitrationGardiner Roberts LLP
ArticleIs There a Duty to Renegotiate Contracts in Cases of Hardship?The Quebec Court of Appeal seemed to contemplate that there may exist a duty to renegotiate a long-term contract where unforeseen circumstances arise...CanadaLitigation, Mediation & ArbitrationMcCarthy Tétrault
ArticleNew York Court Explains When Lost Profits Are RecoverableThe New York Court of Appeals held that a plaintiff could recover lost profits for a breach of contract—even though the contract precluded recovery.CanadaLitigation, Mediation & ArbitrationTorys
ArticleONCA Affirms Denial Of Claim For Earn-Out AccelerationThe Ontario Court of Appeal recently dismissed an appeal in Project Freeway Inc. v. ABC Technologies Inc., 2025 ONCA 855, affirming a prior decision of the Ontario Superior Court of Justice...CanadaLitigation, Mediation & ArbitrationBennett Jones LLP
ArticleOntario Court of Appeal Summaries (December 4 – December 8, 2017)Before we get to this week's summaries of the civil decisions of the Court of Appeal for Ontario, I would like to invite all of our readers to attend the CLE that my partner...CanadaLitigation, Mediation & ArbitrationBlaney McMurtry LLP
ArticleOut Of Time – Investment Dealer’s Claim For Indemnity Against Investment Advisor Barred By Statute Of LimitationsThe Court of Appeal has recently held that the limitation period to bring an action enforcing a contractual right to indemnity starts to run on the date that a party has been served with a Statement of Claim in the underlying lawsuit that triggers the right to be indemnified.CanadaLitigation, Mediation & ArbitrationAffleck Greene McMurtry LLP
ArticleProcedure; Alberta Rules of Court; "Drop Dead" RuleThe Respondent, Ursa Ventures Ltd., sued the Appellant City of Edmonton for damages relating to a contract to provide electrical components. CanadaLitigation, Mediation & ArbitrationField Law