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  • Article

    Actions Can Sometimes Speak Louder Than Words

    Contracting parties need to take care to ensure that their actions do not speak louder than the words in the warning.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Assignability Considerations

    The PPSAs in each province and territory of Canada other than the Province of Québec provide that a contractual restriction on the assignment of a receivable is unenforceable against third parties...
    CanadaCorporate/Commercial Law
    McCarthy Tétrault
    McCarthy Tétrault
Article

Avoiding Tax Traps: Don't Forget About Non-Competition Agreements

Non-competition agreements can be a valuable tool for purchasers who want to protect their investments in new businesses.
CanadaCorporate/Commercial Law
Norton Rose Fulbright Canada LLP
Norton Rose Fulbright Canada LLP
  • Article

    BC Introduces Commercial Liens Act To Reform Existing Liens Laws

    On March 7, 2022, the British Columbia Minister of Finance introduced Bill 11-2022: Commercial Liens Act (the "New Act").
    CanadaCorporate/Commercial Law
    Alexander Holburn Beaudin + Lang LLP
    Alexander Holburn Beaudin + Lang LLP
  • Article

    Be Warned: Online Forum Selection Clauses May Oblige You To Litigate Abroad

    The decision in Douez v. Facebook, Inc., provides some comfort to online businesses that rely upon forum selection clauses in their online contracts.
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Beware the Boilerplate: The "Standard" Clauses in Commercial Contracts

    Boilerplate clauses are standard clauses, phrases and concepts that appear in commercial agreements.
    CanadaCorporate/Commercial Law
    Lerners LLP
    Lerners LLP
  • Article

    Buyers Beware: The Fine Print In Your Contract Can Cost You!

    The plaintiff in this case was a supplier of ATMs and the defendant was a partnership that operated a convenience store.
    CanadaCorporate/Commercial Law
    Watson Goepel LLP
    Watson Goepel LLP
  • Article

    Can A Cause Of Action Be Assigned In A Corporate Transaction?

    What happens when a key asset of a target corporation is a cause of action? Can it be assigned to the purchaser in an asset purchase or to a "Newco" in a corporate restructuring?
    CanadaCorporate/Commercial Law
    Norton Rose Fulbright Canada LLP
    Norton Rose Fulbright Canada LLP
  • Article

    Canadian Law Embraces Duty of Honesty in Contractual Performance

    Parties to contracts in Canada now have a good reason not to lie or act deceptively to their counterparties in performing their contractual obligations.
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    Claim Against Former Franchisee For Soliciting Customer Lists "Turfed" By BC Court

    The Provincial Court of British Columbia dismissed the claims of a franchised business purchaser seeking to rely on purported non-competition provisions.
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Conduct Matters In Contracts: What You Need To Know About The Duty Of Honest Performance In Construction Contracts

    On December 18, 2020, the Supreme Court of Canada ("SCC") released its decision in C.M. Callow Inc v Tammy Zollinger[1] ("Callow"); this decision will impact contractors, ...
    CanadaCorporate/Commercial Law
    WeirFoulds LLP
    WeirFoulds LLP
  • Article

    Corporations Are (Juridical) People, Too, And Their Interests Come First

    Generally, directors in Canada are mandated by statute to oversee the business and affairs of their respective corporations. With that mandate comes a variety...
    CanadaCorporate/Commercial Law
    Cassels
    Cassels
  • Article

    Court Of Appeal Affirms Director's Personal Liability For Value Stripping: FNF Enterprises Inc. v. Wag And Train Inc.

    The recent decision of the Court of Appeal for Ontario in FNF Enterprises Inc. v. Wag and Train Inc., 2023 ONCA 92 confirms that the oppression remedy in section 248 of the Business Corporations Act...
    CanadaCorporate/Commercial Law
    Dale & Lessmann LLP
    Dale & Lessmann LLP
  • Article

    COVID-19: What Happens If Your Contract In Canada (Excluding Quebec) Does Not Have A Force Majeure Clause

    On March 11, 2020, the World Health Organization officially designated the outbreak of COVID-19, otherwise known as coronavirus, as a global pandemic. In recent weeks, this unforeseen global ...
    CanadaCorporate/Commercial Law
    Gowling WLG
    Gowling WLG
  • Article

    Cross-Border M&A: Using Earnouts In Uncertain Markets

    The use of earnouts in M&A transactions has increased over the past decade, and the current economic climate could encourage further use of this financing mechanism.
    CanadaCorporate/Commercial Law
    Crawley MacKewn Brush LLP
    Crawley MacKewn Brush LLP
  • Article

    Crystal Clear Contracting: The Supreme Court Clarifies The Law Of Pre And Post-incorporation Contracts

    This past Friday the Supreme Court of Canada released a rare decision touching upon a commercial contractual dispute. The decision, Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp.
    CanadaCorporate/Commercial Law
    Affleck Greene McMurtry LLP
    Affleck Greene McMurtry LLP
  • Article

    Deal Certainty: More Sellers Will Seek To "Lock The Box"

    Assuming the recent frothy sellers’ market continues into 2015, we expect to see more use of the locked box in the near future.
    CanadaCorporate/Commercial Law
    Torys
    Torys
  • Article

    DSF Lawyer Gets Damages For A 3-Year-Old Subjected To Harsh And Degrading Treatment At A Private School

    DSF's education lawyer Katelyn Bell successfully defended the parents of a three-year-old student against a claim for unpaid tuition. The pupil's parents were instead awarded $2,000 in damages...
    CanadaCorporate/Commercial Law
    Devry Smith Frank LLP
    Devry Smith Frank LLP
  • Article

    Federal Corporations: Significant Changes To Disclosure Requirements Coming Into Force In June, 2019

    Bill C-86, the Budget Implementation Act, 2018, No. 2 (the "Bill") is scheduled to come into force on June 13, 2019.
    CanadaCorporate/Commercial Law
    Thompson Dorfman Sweatman LLP
    Thompson Dorfman Sweatman LLP
  • Article

    Fighting Forum: Where Forum Selection Clauses Fall Short

    Forum selection clauses are frequently used in commercial contracts, especially in cases where the parties to the contracts are based in different jurisdictions.
    CanadaCorporate/Commercial Law
    McKercher LLP
    McKercher LLP
  • Showing 941–960 of 3851 results

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