Category: Corporate & Commercial Litigation
The SCC Expands the Cause of Action for Constructive Taking
November 30, 2022
The October decision by the Supreme Court of Canada in Annapolis Group Inc v Halifax Regional Municipality may cause governments to codify the previously held assumption that there will be no compensation for lands with rejected development permits.
The Uber Decisions: Justice Come Heller High Water? Litigating Unconscionability
July 14, 2020
The SCC decision in Uber v Heller raises questions about how unconscionability will be litigated and what evidence may be needed and admissible in such litigation.
The Uber Decision: Justice Come Heller High Water? Improvident Bargain
July 8, 2020
In Part 2 of our analysis on the recent decision of Uber v Heller, we discuss how the wide application of improvidence could lead to commercial uncertainty.
Pierringer Agreements and the Principle Against Overcompensation
July 7, 2020
Notwithstanding a settling Defendants’ ostensible entitlement to a settlement surplus, the Court appears to have meaningfully limited the circumstances in which a settlement surplus will be recognized.
The Uber Decision: Justice Come Heller High Water? Unequal Bargaining Power
July 2, 2020
In the recent decision by the SCC in Uber v Heller, the majority confirms that the doctrine of unconscionability applies to all contracts. This undermines commercial certainty, as little guidance is provided for its application.
Contractual Interpretations and the "Surrounding Circumstances" - Six Years After Sattva
June 9, 2020
In the years since Sattva Capital Corp. v Creston Moly Corp. (2014), Canadian Courts have embraced the “modern” approach to contractual interpretation which requires a consideration of surrounding circumstances. That said, it is important not to stray too far from the words of the contract themselves.
Are Contracts Enforceable Despite COVID-19? [Part 7]: Contract Law Meets Insolvency Law - Some Strategic Considerations
May 14, 2020
If your company has received, or may invoke, force majeure or frustration claims, it would be wise to consider both the law of contract and the possible impact of insolvency law.
Are Contracts Enforceable Despite COVID-19? [Part 6]: The Principles of Causation
May 7, 2020
Geoffrey Boddy and Kaila Eadie examine Canadian, American and British jurisprudence regarding the issue of causation for force majeure claims.
Are Contracts Enforceable Despite COVID-19? [Part 5]: Duty to Mitigate Force Majeure Events
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.
Are Contracts Enforceable Despite COVID-19? [Part 4]: Force Majeure Notice Requirements
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.
Tort Liability in a COVID World, Part 2: The Case of Walmart
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.
Are Contracts Enforceable Despite COVID-19? [Part 3] Interpreting Force Majeure Clauses
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.
Are Contracts Enforceable Despite COVID-19? [Part 2]: The Applicable Legal Doctrines
April 9, 2020
“What happens if I don’t have a force majeure clause in my contract, is a frustration claim still possible?”
“What are the Applicable legal doctrines I can rely upon?”
Are Contracts Enforceable Despite COVID-19? [Part 1]: Overview
April 1, 2020
The Coronavirus has affected businesses both large and small, leaving many unable to fulfill their contractual obligations. So, what happens when, as a result of COVID-19’s impacts, a party has no choice but to breach a contract? Can parties be required to compensate for non-performance in this circumstance? Is there some legal way out?
Social Distancing and Executing Documents with Electronic Signatures
April 1, 2020
How do you practice social distancing when documents need to be executed? Oliver Ho explores the legislation around using electronic signatures.