Searching Content indexed under Contracts and Commercial Law by Marco P. Falco ordered by Published Date Descending.
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Not Your Standard "Standard-Form" Contract: The Interpretation Of Contracts On Appeal
Standard-form contracts are ubiquitous. From insurance to real estate, template agreements are the most common form of contractual obligation between Canadian consumers and the industries that affect their daily lives.
13 Aug 2019
Interference With Economic Relations: A Comparative Analysis Of American And Anglo-Canadian Approaches
Nothing leads to more confusion in common law than the scope of the tort of intentional interference with economic relations.
12 Nov 2018
When is an International Arbitration Award "Binding" for the Purposes of Domestic Enforcement?
Successful parties who engage in international commercial arbitration will inevitably want to have the arbitral award recognized and enforced in Ontario. Like its statutory predecessor, the recent International Commercial Arbitration Act, 2017, S.O. 2017, c.2, Schedule 5 (the "ICAA") provides a mechanism for the recognition and enforcement of such awards domestically.
26 Jul 2018
Ontario Court Of Appeal Affirms The "Minimum Performance Principle" In Calculating Damages For Breach Of Contract
In a breach of contract case, the defaulting party may have had alternative ways of performing the contract. This has a direct impact on the Court's assessment of damages.
26 Apr 2018
Why Appealing Commercial Arbitration Awards Is An Uphill Struggle
The purpose of commercial arbitration is to bring certainty and finality to a dispute without the need for court intervention.
27 Mar 2018
Major Changes To Door-To-Door Home Services Contracts Effective March, 2018
Major amendments to the Consumer Protection Act, 2002, S.O. 2002, c.30, Sched. A., Ontario Regulation 8/18, "Requirements for Direct Agreements Subject to Section 43.1 [of the Consumer Protection Act]" and O. Reg 17/05, took effect on March 1, 2018.
5 Mar 2018
Admissibility Of Post-Contract Evidence In Canada
Can Canadian courts consider evidence of the parties' conduct after they enter into a commercial agreement as an aid to its interpretation?
18 Dec 2017
Does an Insurer Have a Good Faith Duty to Advise the Insured about a Limitation Period?
There is no doubt that the parties to an insurance contract owe one another a duty of good faith. But does this include a positive duty on the insurer to advise the insured about a limitation period?
25 May 2017
Contractual Interpretation on Appeal: A Clarification
A recent decision of the Ontario Court of Appeal has now clarified the standard of review where an appellate Court considers the lower Court's interpretation of a contract.
24 Apr 2017
When Will Courts Use Post-Agreement Behaviour to Interpret a Commercial Contract?
Since the Supreme Court of Canada's pronouncement in Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53, that judges may look at background facts at the time of contract execution to interpret an agreement, Canadian Courts have wrestled with the question of what to do with evidence of the parties' behaviour after they have entered into the contract.
31 Jan 2017
"Sloppy Paperwork" Does Not An Oppression Claim Make
For decades, Canadian Courts have used the oppression remedy to give effect to the reasonable expectations of shareholders in commercial disputes.
24 Nov 2016
Using The Oppression Remedy To Recognize Beneficial Shareholder Interests
The oppression remedy is a broad power used by the Courts to enforce agreements and expectations between commercial parties.
13 Oct 2016
Are Option Agreements Unbalanced? They Should Be.
At first glance, a commercial agreement that provides for an option to purchase property or a right may seem unfair.
30 Jun 2016
Why a Contract Clause's Purpose Matters
Since the Supreme Court of Canada released its leading decision on contract interpretation in 2014, Sattva Capital Corp. v. Creston Moly Corp., 2014 SCC 53 ("Sattva"), Canadian Courts have placed weight on the purpose of the contractual provision as a key factor in deciding how to interpret it.
3 May 2016
Good Faith And Reasonableness: Two Limits On Canadian Freedom of Contract
The ideas of good faith and reasonableness have informed the Canadian common law's approach to contract law for many years.
25 Apr 2016
When Is A Guarantee Unenforceable?
A creditor who loans money has a duty not to breach its contract or act "unconscionably" towards the guarantor or surety of the loan.
9 Feb 2016
Keep It In The Family But Formalize The Relationship
In a family-owned corporation, the formalities governing standard commercial relationships frequently do not apply, to the peril of the company and individual family members.
1 Feb 2016
Can A Court Imply Terms In A Commercial Agreement?
As a general rule, Canadian Courts do not like implying terms in a commercial contract. The Courts do their utmost to avoid rewriting the agreement between the parties.
19 Jan 2016
Are Parties Required To Act Reasonably When Choosing Not To Renew A Contract?
At common law, any powers that confer discretion on a contracting party must be exercised reasonably.
4 Jan 2016
Don't Lie To An Employee: The Dangers Of An Employer's Dishonest Contract Negotiations
On November 13, 2014, the Supreme Court of Canada issued a landmark decision on the law of contract. In Bhasin v. Hrynew, 2014 SCC 71, per Cromwell J. ("Bhasin"), the Court recognized a new duty of honest contractual performance, as a branch of the "legal organizing principle" of good faith.
5 Nov 2015
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