Limitation of liability clauses are a common feature of commercial agreements in Canada. Parties frequently include such provisions in an effort to allocate risk, often by excluding monetary liability for losses of certain types (e.g., consequential or indirect damages), while capping monetary liability for remaining losses to certain amounts (e.g., the price which the contract-breaker was paid under the contract).

Canada's Impact Assessment Act of 2019 replaced the Canadian Environmental Assessment Act, 2012.

A recent decision of the Federal Court deals with section 45 proceedings and whether use of a variant of the registered trademark by the registrant would establish use of the registered trademark.

While retaining experts is commonplace in civil litigation, counsel are not always aware of who the expert has worked with, behind the scenes, to compile research or prepare analyses...

The purpose of an entire agreement clause (EAC) is to convey in an unequivocal manner that the written contract in which it is incorporated, solely encompasses what has been agreed ...

It's time for the second instalment in our three-part series on employment law lessons learned from watching Netflix's Selling Sunset. As always, there are spoilers ahead, so proceed with caution.

The economic downturn of the past few years has forced many businesses to face a harsh reality: Some of their employees are dishonest.

There have been several recent developments concerning "bad faith'" and it seems just a matter of time before we face this issue in Canada.

When an insured under a claims-made policy becomes aware of an event that could give rise to a claim, is he or she obligated to report it to the insurer?

In Wisser v. CEM International Management Consultants Ltd. 2022 ABQB 414, Alberta Court of Queen's Bench (as it then was) confirmed the oppression remedy can ground liability...

In prevision of the legalization of cannabis, which will become effective on July 1, 2018, provinces had to provide the legal frame to be respected by individuals and companies.

A piece of United States federal legislation may provide Nova Scotia's ports with inadvertent economic benefits.

Contemplating selling your business? Considering entering into a purchase agreement? Materiality scrape provisions are something you should be keeping an eye out for.

A recent summary trial decision from the B.C. Supreme Court confirms that claims arising from breaches of the B.C. Employment ...

As online advertising changes the marketing landscape, the use of sponsored links and keyword advertising is testing the scope of trademark rights.

Notwithstanding the size or stage of your business, if your company has more than one shareholder, it is wise to consider entering into a shareholders' agreement.

Since the 1970s when genetically-engineered bacterium capable of breaking down crude oil was held to be patentable subject-matter, much attention has been paid to the patenting of living inventions.

One such issue is the proper service of divorce or custody Applications on a spouse who is living or working abroad.

On Aug. 17, 2021 the Ontario government announced that the Ontario Not-for-Profit Corporations Act (ONCA) will finally be proclaimed into force effective Oct. 19, 2021, (the proclamation date), almost 11 years

ETFs are unlike other investment funds in the way they are distributed, and the manner of distribution was a key fact in this case.