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Searching Content indexed under Contracts and Commercial Law by Cassels Brock ordered by Published Date Descending.
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1
Supreme Court Of British Columbia Grants Injunction To Preserve Contractual Rights
A recent case out of the Supreme Court of British Columbia demonstrates the significance of preserving a franchisor's contractual rights under a franchise agreement.
Canada
23 Apr 2019
2
US Federal Court Rules Cryptocurrency Covered Under Securities Laws: Will Canada Follow Suit?
The US District Court for the Eastern District of New York in United States v. Zaslavskiy (Zaslavskiy) rules that cryptocurrency may be covered by US securities laws ...
Canada
19 Feb 2019
3
Guidance From The Supreme Court Of Canada On Relational Contracts And The Duty Of Good Faith
In the recent decision of Churchill Falls (Labrador) Corp. v. Hydro Québec,1 the Supreme Court of Canada engaged in a discussion regarding franchise law in a non-franchise context.
Canada
21 Dec 2018
4
Arbitration Frustration: Narrowly Drafted ADR Clause Prevents Franchisor From Arbitrating Against Individual Franchisee Operators
The use of arbitration clauses in Canadian franchise agreements is increasingly common and, when carefully drafted, these agreements can provide many benefits to franchisors.
Canada
9 Feb 2018
5
Sweet Relief: British Columbia Court Of Appeal Upholds Mutual Cancellation And Release Agreement Between Franchisor And Franchisee
Franchisors can be reassured by a recent decision of the British Columbia Court of Appeal (Dairy Queen Canada, Inc. v. M.Y. Sundae Inc.) ...
Canada
9 Feb 2018
6
California Adopts Emergency Cannabis Regulations For Licensing Beginning On January 1, 2018 (By Dorsey & Whitney LLP)
California has one of the largest consumer and business markets in the world, with a population larger than all of Canada.
Canada
1 Dec 2017
8
Supreme Court Of Canada Decision In Facebook May Be The Harbinger Of A General Law Of Unconscionability In Consumer Contracts
In order to access the social media service, customers first have to click an "accept" box representing they have read and agree to be bound by Facebook's terms of use.
Canada
13 Jul 2017
9
Just Desserts: British Columbia Finds In Favour Of Franchisor In Termination Case
The case concerned a franchisee with a lengthy history of failing to meet its obligations under the franchise agreement.
Canada
9 May 2017
10
How To Say What You Mean: The Importance Of Contractual Bonus Language
Having discussed the implications of employee bonus plan decisions with many clients, the common reaction seems to be: But that isn't what we meant when we drafted our plan!
Canada
13 Feb 2017
11
Franchise Law E-Communiqué - January 2017
Whether it is a new calendar year and/or a new fiscal year, franchisors should now be considering updates to their Canadian franchise disclosure document (FDD).
Canada
8 Feb 2017
12
Rectification Requires Prior Agreement To Succeed: Intention Alone Insufficient
In two recent decisions the Supreme Court of Canada held (by a 7-2 majority) that rectification of a written instrument requires the existence of a prior agreement amongst the parties, with definite and ascertainable terms.
Canada
21 Dec 2016
13
Recommended Changes To Ontario's Construction Lien Act: Work In Progress
On September 26, 2016, the Ministry of the Attorney General (MAG) released its report: "Striking the Balance: Expert Review of Ontario's Construction Lien Act" (the Report).
Canada
24 Oct 2016
14
Ontario Court Imposes New Disclosure Requirement Prohibiting The Common Practice Of Determining Location After Signing A Franchise Agreement
A recent decision of the Ontario Superior Court of Justice will have drastic effects on the business of franchisors who follow the common practice of granting franchises for locations yet to be determined.
Canada
30 Sep 2016
15
Aggregate Damages 101: Ontario's First Class Action Aggregate Damages Award Gets Passing Grade From The Court Of Appeal
In its recent appeal decision in Ramdath v. George Brown College of Applied Arts and Technology, the Ontario Court of Appeal provided clarity on section 24 of Ontario's Class Proceedings Act.
Canada
23 May 2016
16
Update: "Saab Story" Has A Plot Twist: Ontario Court Of Appeal Overturns Dealer Litigation Jurisdiction Ruling Due To Reasonable Apprehension Of Bias
Last year, a group of Saab dealers commenced a group action in Ontario against IFS Vehicle Distributors ULC, the Canadian distributor of Saab vehicles, and other defendants seeking damages for breach of contract and statutory remedies under the Arthur Wishart Act.
Canada
24 Feb 2016
17
Two Recent Conditional Sales Contract Decisions Uphold Secured Parties' Rights
TD Auto Finance (Canada) Inc. entered into a conditional sale contract (CSC) with Ahmed Salman to finance the purchase of a vehicle.
Canada
1 Jul 2015
18
Capital Markets Report - March 2015
Guidance would be relevant to any issuer that is changing its business as this notice provides an example of the level of disclosure the regulators would expect.
Canada
7 Apr 2015
19
Capital Markets Report - January 2015
On December 18, 2014, the Investment Industry Regulatory Organization of Canada issued a guidance note to its dealer members respecting underwriting due diligence in connection with public offerings.
Canada
2 Feb 2015
20
Do The Math: Ontario Court Declares That Franchisee Is Not An Employee
In the recent case of France v Kumon, 2014 ONSC 5890, the Superior Court of Justice found that a franchisor was required to provide a longstanding franchisee with 18 months termination notice...
Canada
16 Jan 2015
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