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In today's market, companies frequently secure financing from multiple lenders. This can create the need for an intercreditor agreement...

In its recent decision in Martin v. ConCreate USL Limited Partnership, the Ontario Court of Appeal confirmed that a restrictive covenant entered into in the context of a sale of a business is not immunized from scrutiny by the fact that it was part of a commercial transaction or that the individual agreeing to the terms of the covenant acknowledged its reasonableness and was represented by counsel.