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  • Article

    Want To Win Government Business? Don't Be Too ‘Commercial-Centric'

    Government procurement is complex - this is not by happenstance.
    CanadaGovernment, Public Sector
    Fasken
    Fasken
  • Article

    Financing 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-Structuring
    Langlois Avocats
    Langlois Avocats
Article

The Second Opinion: Beware Contractual Provisions Triggered (Even Indirectly) By A Party’s Insolvency

Parties 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-Structuring
McCarthy Tétrault
McCarthy Tétrault
  • Article

    Expanding Market Opportunities Through Licensing

    Simply put, licensing is a business tool that commercializes your business' intellectual property and brand.
    CanadaIntellectual Property
    Froese Law
    Froese Law
  • Article

    Two Generics, One Hearing: Federal Court Orders Common Trial On Patent Validity Issues In Section 6 Actions

    The 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 Property
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Contracts – Terms, And Tariffs: Allocating Risks In Uncertain Times

    The 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 Law
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    A Difficult Defence, Non Est Factum

    Every 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 & Arbitration
    Speigel Nichols Fox LLP
    Speigel Nichols Fox LLP
  • Article

    A "Reasonable" Restriction: Ontario Court Of Appeal Affirms Validity Of Restrictive Covenant In Purchase And Sale Agreement

    In 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 & Arbitration
    Babin Bessner Spry LLP
    Babin Bessner Spry LLP
  • Article

    Appeal Puts Faith To The Test: Court Grants Appeal From Arbitral Award On Scope Of Contractual Duty Of Honest Performance

    The 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 & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    Court Of Appeal: Contractual Breaches Not Enough To Pierce The Corporate Veil

    The 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 & Arbitration
    Borden Ladner Gervais LLP
    Borden Ladner Gervais LLP
  • Article

    Dow v. Nova: Interpreting an Operator's Objective to Optimize

    The 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 & Arbitration
    Lawson Lundell LLP
    Lawson Lundell LLP
  • Article

    Five Key 2020 Decisions For Businesses

    Despite the pandemic defining much of 2020, five key decisions were released last year of lasting impact to businesses and commercial dealings.
    CanadaLitigation, Mediation & Arbitration
    Aird & Berlis LLP
    Aird & Berlis LLP
  • Article

    Going To California: Court Of Appeal Rules Forum Selection Clause Overrides Certification Of B.C. Privacy Act Claims

    In 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 & Arbitration
    Blake, Cassels & Graydon LLP
    Blake, Cassels & Graydon LLP
  • Article

    In The Aftermath Of Uber V Heller: Balancing Contractual Freedoms With Access To Justice

    On 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 & Arbitration
    Gardiner Roberts LLP
    Gardiner Roberts LLP
  • Article

    Is 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 & Arbitration
    McCarthy Tétrault
    McCarthy Tétrault
  • Article

    New York Court Explains When Lost Profits Are Recoverable

    The 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 & Arbitration
    Torys
    Torys
  • Article

    ONCA Affirms Denial Of Claim For Earn-Out Acceleration

    The 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 & Arbitration
    Bennett Jones LLP
    Bennett Jones LLP
  • Article

    Ontario 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 & Arbitration
    Blaney McMurtry LLP
    Blaney McMurtry LLP
  • Article

    Out Of Time – Investment Dealer’s Claim For Indemnity Against Investment Advisor Barred By Statute Of Limitations

    The 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 & Arbitration
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Procedure; Alberta Rules of Court; "Drop Dead" Rule

    The Respondent, Ursa Ventures Ltd., sued the Appellant City of Edmonton for damages relating to a contract to provide electrical components.
    CanadaLitigation, Mediation & Arbitration
    Field Law
    Field Law
  • Showing 861–880 of 3851 results

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