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Searching Content indexed under Contracts and Commercial Law by Borden Ladner Gervais LLP ordered by Published Date Descending.
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1
Keep Your Friends Close: CCDC 30 And Integrated Project Delivery
In early 2019, the Canadian Construction Documents Committee (CCDC) released the CCDC 30 Integrated Project Delivery Contract 2018 (the CCDC 30).
Canada
26 Jul 2019
2
Close The Sale Or Pony Up – ONCA Clarifies The Legal Relationship Between Deposits In Real Property Transactions And Section 21 Of The OBCA
On June 23, 2017, Salvatore Benedetto ("Benedetto" or the "Appellant") made an offer to purchase three adjacent houses located in Toronto (the "Properties") from 2453912 Ontario Inc.
Canada
28 Mar 2019
3
GST/HST On Exports From Canada — Ships, Carriers, And Place Of Delivery
Goods exported or otherwise delivered to a recipient outside of Canada are typically not subject to the GST/HST and usually zero-rated.
Canada
25 Mar 2019
4
Lien Fund Or Lean Fund: Setting-Off Against Part B Under The Alberta Builders' Lien Act
Those below the general contractor in the construction pyramid should be aware that an owner's express right to set-off in the prime contract might diminish protections ...
Canada
11 Mar 2019
5
It's Not You, It's Me: Termination For Convenience Clauses
​Breaking up a contractual relationship can be hard to do. Unless your contract includes express terms that provide otherwise, the only way to terminate is by agreement.
Canada
13 Feb 2019
6
Lessons Learned From Recent Cases: The Importance Of Your Contracts With Service Providers
We recently completed an occupier's liability lawsuit for a hospital that involved the contract between the hospital and its parking contractor.
Canada
7 Feb 2019
7
CRTC Issues Guidance For Avoiding Indirect Liability For CASL Violations
In November 2018, the Canadian Radio-television and Telecommunications Commission ("CRTC") issued an Information Bulletin regarding Canada's Anti-Spam Legislation (commonly known as "CASL").
Canada
7 Jan 2019
8
Business And Human Rights: The Stakes Continue To Grow
Three thousand business, government and NGO representatives converged in Geneva last week with the objective of mitigating the impact of business operations on human rights.
Canada
12 Dec 2018
9
Reminder: Record-Keeping Requirements For Ontario Corporations
On December 10, 2016, Ontario corporations became subject to new and onerous record-keeping requirements.
Canada
30 Nov 2018
10
Ontario Divisional Court Confirms Parameters Of Third Party Litigation Funding Agreements
In a recent decision, Houle v. St. Jude Medical Inc., the Ontario Divisional Court dismissed an appeal from the judgment of Justice Perell at the Superior Court of Justice and confirmed the parameters of acceptable third party litigation funding agreements in class actions.
Canada
15 Nov 2018
11
Third Party Litigation Funding: Ontario Divisional Court Confirms Parameters Of Third Party Litigation Funding Agreements
In a recent decision, Houle v. St. Jude Medical Inc., the Ontario Divisional Court dismissed an appeal from the judgment of Justice Perell at the Superior Court of Justice and confirmed the parameters
Canada
14 Nov 2018
12
Privacy Commissioner's Guidance For Compliance With PIPEDA's Breach Of Security Safeguards Obligations
On October 29, 2018 the Office of the Privacy Commissioner of Canada ("OPC") issued a guidance document titled "What you need to know about mandatory reporting of breaches of security safeguards" (the "Guidance") ...
Canada
6 Nov 2018
13
Court Of Appeal Clarifies "Some Basis In Fact" Requirement For Common Issues In Class Actions
In its recent decision in Fehr v Sun Life Assurance Co. of Canada, the Ontario Court of Appeal, overturning in part certain holdings of the lower court, certified a class-action lawsuit...
Canada
31 Oct 2018
14
Court Of Appeal Adds Another Exception To When Contractual Interpretation Is A Matter Of Law
In CNH Canada Ltd., v. Chesterman Farm Equipment Ltd., the Ontario Court of Appeal ruled on the interpretation of a standard form farm equipment dealership agreement.
Canada
16 Aug 2018
15
Grey Market Candy, Restraint Of Trade And Settlement Agreementse Contracts For Difference Scheme For Renewable Energy Generation
In Mars Canada Inc. v. Bemco Cash & Carry Inc., the Ontario Court of Appeal upheld a finding granted on summary judgment that the appellants had breached their settlement agreements ...
Canada
22 Mar 2018
16
Cansearch: Lessons For Operators In Limiting Counterparty Risk
The decision provides caution to operators in the oil and gas industry to take the required steps under the PPSA to protect contractual liens.
Canada
5 Dec 2017
17
Arbitration Parties Beware: The Supreme Court Of Canada Unpacks The Sattva Test For Appellate Review Of Arbitration Awards In Teal Cedar Products Ltd v British Columbia
As litigants continue to experience delayed access to justice occasioned by a backlogged judicial system, Canadian courts continue the struggle to protect the legitimacy of commercial arbitration...
Canada
1 Dec 2017
18
Do I Have An Enforceable Contract?: The Importance Of Entering Into A Third Party Agreement In An Assignment Of Lease Or Sublease
A recent decision out of the Ontario Superior Court is a firm reminder of the importance for a landlord to enter into an agreement directly with the new third party whenever there is an assignment...
Canada
24 Oct 2017
19
Alberta Court Rejects Allegation That Arbitration Appeal Panel Decided Matter Based On Private Sense Of Justice
The Appeal Tribunal was alleged to have acted on an ex aequo et bono basis (i.e. according to its own private sense of what was equitable good).
Canada
29 Sep 2017
20
Set-Off – A Powerful Remedy Made Even More Powerful By Alberta Court
Set-off is one of the most effective and powerful remedies available to a creditor, and operators under oil and gas operating agreements find it especially useful, in that the operator can set off revenues...
Canada
6 Sep 2017
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