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Searching Content indexed under Contracts and Commercial Law by WeirFoulds LLP ordered by Published Date Descending.
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1
The Standard Of Appellate Review For Standard Form Contracts Versus CCAA Plans – SFC Litigation Trust v. Chan, 2019 ONCA 525
Allen Chan was the co-founder, chief executive officer and chairman of the board of directors of Sino-Forest Corporation ("SFC").
Canada
9 Jul 2019
2
The Civil Trial In Ontario: The Culture Shift From The "Sport Of Kings" Towards The "One Judge Model"
Effective February 1, 2019, the Ontario Superior Court of Justice will implement the Provincial Civil Case Management Pilot – One Judge Model (the "Pilot").
Canada
29 Jan 2019
3
Contracts With Arbitration And Jurisdictional Clauses: Are They In Conflict?
Contracts often contain both mandatory arbitration clauses and jurisdictional clauses that specify which courts have jurisdiction.
Canada
28 Nov 2018
4
Keys, Please: The Econolodge Park-And-Fly Conundrum
On October 19, 2018, the Supreme Court of Canada released its decision in 3091 5177 Québec inc. (Éconolodge Aéroport) v. Lombard General Insurance Co. of Canada, 2018 SCC 43.
Canada
22 Nov 2018
5
Saving Face: Minority Shareholder Estée Lauder Granted Interim Relief In Oppression Application Against Deciem Beauty Group
Toronto-based cosmetics company Deciem Beauty Group Inc. has been in the headlines following two recent decisions of the Commercial List, in which the Ontario Superior Court of Justice granted extensive urgent injunctive relief ...
Canada
8 Nov 2018
6
A Relief For Lenders: Duty Of Good Faith Performance Of Contractual Obligations Does Not Require Lenders To Advance Additional Funds To Borrowers
Since the Supreme Court's landmark decision in Bhasin v Hrynew1 confirmed the existence of a general duty to perform contracts in good faith.
Canada
25 Oct 2018
7
A Matter Of "Interest"
In a decision that raised concerns for lenders earlier this year, the Superior Court of Justice held, in Solar Power Network Inc. v. ClearFlow Energy Finance Corp.
Canada
25 Oct 2018
8
No Additional Consideration Required To Support Loan Amendments
Private loan arrangements lead to more than their fair share of litigation proceedings.
Canada
25 Oct 2018
9
When The Deal Goes South: Deposits, Unconscionability, And Relief From Forfeiture
Recent cases from the Ontario Court of Appeal address issues regarding deposits in failed purchase and sale transactions.
Canada
23 Oct 2018
10
Fourth Time's Not A Charm: A Case Of Subrogation Despite Contrasting Trilogy Of Decisions By The Supreme Court Of Canada
In Royal Host GP Inc. v. 1842259 Ontario Ltd., 2018 ONCA 467, the Ontario Court of Appeal recently examined whether there was a bar to subrogation in a commercial lease.
Canada
27 Jul 2018
11
International Commercial Arbitration Awards: When Does An Arbitration Award Become Binding?
And so the saying went for Mr. Popack and Mr. Lipszyc, the parties in the recent decision of the Court of Appeal in Popack v Lipszyc, 2018 ONCA 635
Canada
24 Jul 2018
12
Partial Settlements And Other Litigation Agreements In Multi-Party Actions: The Peril Of Non-Disclosure
A recent decision of the Ontario Court of Appeal provides a stark reminder that when a partial settlement or other litigation agreement is reached in multi-party litigation, a critical step of disclosure...
Canada
3 Jul 2018
13
Preparing For Adjudication? How To Govern Yourself Accordingly
The Construction Act is on its way to Ontario, and with it comes the advent of adjudication.
Canada
16 Feb 2018
14
Court Of Appeal Affirms Full Indemnity Costs Award
In Net Connect Installation Inc. v. Mobile Zone Inc., 2017 ONCA 766 , a decision released on September 29, 2017...
Canada
17 Oct 2017
15
Back To Basics: A Refresher On The Fundamentals Of Contractual Interpretation
As the new school year kicks off, the Ontario Court of Appeal's recent decision in RBC Dominion Securities Inc. v. Crew Gold Corporation, 2017 ONCA 648 serves as a handy study guide for lawyers looking to brush up on Contracts 101.
Canada
22 Sep 2017
16
Think That Arbitration Clause Applies? Think Again (And Think Fast!)
Many business contracts include broad arbitration clauses meant to apply to any issue related to the interpretation, application and operation of the contract.
Canada
14 Aug 2017
17
Recent Decision Confirms That Notices Of Claims Do Not Have A ‘Standard Form'
What constitutes a notice of claim? Parties to construction lawsuits often find themselves disputing whether a particular email or letter is a valid notice of a claim that complies with the notice provisions of their contract.
Canada
24 Apr 2017
18
Case Commentary: Supreme Court Tightens Standard Of Review For Contract Interpretation
The Supreme Court ruled on May 6, 2016 that the applicable standard of review for contractual interpretation is the more rigorous palpable and overriding error, and no longer correctness.
Canada
24 May 2016
19
Quiz: Managing Cybersecurity Risk In Contracts
Many companies acquire IT services from third-party service providers where the service providers host or otherwise acquire data and other confidential information of a company.
Canada
12 Jan 2016
20
A Leap Of Good Faith? Practical Implications Of The Supreme Court Of Canada's Decision In Bhasin v. Hrynew For Contracting Parties
In Bhasin v. Hrynew, the Supreme Court of Canada recognized a new general duty of honesty in contractual performance.
Canada
14 Jul 2015
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