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Searching Content indexed under Contracts and Commercial Law by Clark Wilson LLP ordered by Published Date Descending.
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Latest From BC Supreme Court On The Claims Of Specific Performance And Damages
In a recent case, Bajwa v. Habib, 2019 BCSC 721, the BC Supreme Court clarified the law with respect to whether a party that was previously awarded
Canada
3 Jul 2019
2
The Pre-Closing Brief: What You Need To Know About Closing Your Transaction
To a lawyer, a business sale or acquisition is usually a familiar series of steps – negotiate, review, revise, deliver, close. Rinse and repeat.
Canada
4 Mar 2019
3
Uber Not In The Driver's Seat When It Comes To Arbitration Clause
The Ontario Court of Appeal recently invalidated a mediation/arbitration clause used by Uber in its standard form driver's contract.
Canada
14 Feb 2019
4
Looks Like We're Having A Shotgun Wedding: Arbitration Proceedings Merged Without Consent Of All Parties
In a recent decision, JACOS v. Toyo Engineering, the Alberta Court of Queen's Bench ordered that two related commercial arbitration proceedings ...
Canada
15 Jan 2019
5
Insurance Covenant In Construction Contract – Requirement To Obtain Insurance Acts As Voluntary Assumption Of Risk
Covenants to insure are common in commercial leases and construction contracts.
Canada
15 Nov 2018
6
FIPPA And Cloud Services – Compliance From Procurement To Go-Live
A brief scan of the daily news from any outlet demonstrates just how engrained privacy has become in the public consciousness.
Canada
30 Oct 2018
7
BC Court Of Appeal Changes The Law Of Consideration
Consideration is a very important concept in contract law.
Canada
13 Jun 2018
8
BC Supreme Court Finds Individual Liable For Assisting A Fiduciary In Breaching Their Fiduciary Duty
A fiduciary duty is a legal duty where one person (the "fiduciary") has to act in the best interests of another (the "beneficiary").
Canada
30 May 2018
9
Riding The Waive: Court Clarifies Risks And Consequences Of Signing A Waiver
Jamieson v. Whistler Mountain Resort, 2017 BCSC 1001, is a reminder to those that operate and participant in dangerous activities that signing waivers has legal implications.
Canada
18 Aug 2017
10
Conditions To Closing
One term that you may hear when negotiating the sale of your business – or the purchase of a new business – is "conditions precedent" or "conditions".
Canada
18 Jul 2017
11
G&P Procleaners: Faulty Workmanship Exclusion Under CGL
Another case dealing with faulty workmanship arising from commercial window cleaning work was recently considered by the Ontario Court of Appeal.
Canada
3 Jul 2017
12
Marketers Beware: CRTC Issues First Compliance And Enforcement Decision
The CRTC has issued its first compliance and enforcement decision ("Decision") regarding Canada's anti-spam legislation ("CASL").
Canada
24 Jan 2017
13
Estop And Think Before Relying On Future Estate Interests
Proprietary estoppel is a legal doctrine that protects parties who detrimentally rely on assurances made by others about their property.
Canada
20 May 2016
14
When Shareholders Can't Get Along
Many privately owned businesses have more than one owner. This can be beneficial to a business, but it also poses its own problems.
Canada
12 May 2016
15
Choosing Between Arbitration And Litigation? Look To Your Contract! And Ponder The Pitfalls
Parties considering whether to resolve disputes through arbitration or litigation should first look to their agreements to determine the appropriate course.
Canada
26 Apr 2016
16
Construction Contracts For Projects In Canada: AIA Documents And CCDC Comparison
As a Canadian law firm with an extensive construction law practice, we are often asked to review or prepare construction contracts for U.S. clients engaged in construction projects in Canada.
Canada
20 Apr 2015
17
Duty Of Good Faith And Honest Performance Extended To All Contracts In Canada
On November 13, 2014, the Supreme Court of Canada updated Canadian common law by extending for the first time the principle of good faith to all contracts.
Canada
15 Nov 2014
18
Areet Kaila Article Republished In The Legal Edge
If you are negotiating a contract, you should read Areet Kaila's article entitled, "The Accidental Contract?".
Canada
29 Jul 2014
19
Final Certificate Of Payment – Final No More
BC Supreme Court declines to apply final payment certificate release to deny previously unstated claim for interest on late payments.
Canada
13 Jun 2014
20
Can An Agreement To Negotiate In Good Faith Be Enforced?
It has long been considered at law that an agreement to negotiate is not a true agreement and cannot be enforced.
Canada
11 Mar 2014
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