Welcome to JSS Barristers Insights. Here you’ll find a variety of thought-leadership, from concise summaries of regulations to more in-depth analyses of how Rules of Court can affect the courts’ decisions.
By Kaila Eadie|May 14, 2020
The economic crisis resulting from the COVID-19 pandemic has meant that some contracts that were once previously viable, may no longer be - making disclaimer an attractive potential option for an insolvent party.
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May 13, 2020
Discussions with creditors and stakeholders are best undertaken with an understanding of formal and informal insolvency proceedings. Christa Nicholson and Angad Bedi describe the available options, as well as steps that may be taken by creditors to enforce their rights.
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By Kaila Eadie|May 7, 2020
Geoffrey Boddy and Kaila Eadie examine Canadian, American and British jurisprudence regarding the issue of causation for force majeure claims.
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By Kaila Eadie & Laura Warner|May 5, 2020
With the easing of restrictions across Canada, including at food processing plants, can governments be held liable for future outbreaks? Laura Warner and Kaila Eadie examine the principles that impact government liability in these unique circumstances.
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By Bryan C. Duguid KC, FCIArb|April 30, 2020
In Part 5 of our Enforceability of Contracts series, Bryan C. Duguid QC, FCIArb and William Katz discuss the duty to mitigate the duration and effects of force majeure events.
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By Gavin Price & Charlotte Stokes (On leave)|April 28, 2020
In response to limited Court access and other restrictions, a Ministerial Order was issued in late-March to "push pause" on litigation. Gavin Price and Charlotte Stokes explain the Order's potential effects on deadlines.
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April 27, 2020
Former partner at JSS Barristers , Christa Nicholson, provides some practical “must-know” takeaways when planning for potential liquidity crunches or insolvency-related challenges.
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By Andrea MacLean|April 24, 2020
What does your contract say about notice requirements? Geoffrey Boddy and Andrea MacLean take a look at when a Court may, or may not, relax on notice requirements.
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By Laura Warner|April 17, 2020
Could your business be liable for failing to protect your employees and customers from COVID-19? Laura Warner and Sarah Bernamoff explore a recent lawsuit against and Arkansas Walmart and explain what businesses can do to protect themselves from liability.
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By Bryan C. Duguid KC, FCIArb & Kaila Eadie|April 16, 2020
How do you interpret a force majeure clause? Bryan C. Duguid QC, FCIArb and Kaila Eadie are your guides on interpreting force majeure clauses and the effect they will have on your business.
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