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Searching Content indexed under Contracts and Commercial Law by Dentons ordered by Published Date Descending.
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Leave To Commence Derivative Action Allowed Where Continuous Breaches Occurred Under An Agreement
In Sax v Rick Aurora, 2019 ONSC 3573, the Divisional Court considered the application of the Limitations Act, 2002 in the context of a derivative claim brought under section 246 of the Business
Canada
9 Jul 2019
2
Smart Contract Series – Legal Implications For Consideration, Part 1: Definition And Enforceability
This article kicks off a series that will explore legal issues relating to smart contracts. No doubt, smart contracts have become a hot topic, as more use cases for them emerge in various industries
Canada
31 Jan 2019
3
Owner's Choice: Alberta Court Of Appeal Upholds Owner's Discretion To Select Contractor Based On Overall Cost, Schedule, Experience In Everest Construction Management Ltd. v. Strathmore (Town), 2018 ABCA 74
Earlier this year, the Alberta Court of Appeal released a decision that will be of interest to owners and contractors alike in the situation of tendering a contract. Everest Construction Management Ltd. v. Strathmore...
Canada
26 Nov 2018
4
What's In A Name? When Is An "Unnamed Insured" Entitled To Insurance Proceeds?
Is it possible for a party not named in an insurance policy to be entitled to insurance proceeds under that policy?
Canada
16 Oct 2018
5
British Columbia Amends Its International Commercial Arbitration Act
While the amendments primarily adopt certain changes seen in the 2006 Model Law, notably the expansion at Article 17 therein on interim measures and preliminary orders, the manner...
Canada
30 May 2018
6
The Importance Of Forum Selection Clauses In Contracts: A Comment On We Serve Health Care LP v. Onasanya
Private international law and conflicts of laws rules give litigation counsel many tools to argue over the proper jurisdiction for a legal dispute.
Canada
9 Apr 2018
7
Gift Card Litigation: Recent Developments
Many retailers and shopping centre landlords use gift cards to build brand loyalty. These prepaid purchase cards come in a variety of types.
Canada
27 Jun 2016
8
The Connected Retail Store
In the battle for consumer engagement, brick-and-mortar retailers and shopping centres are investing in new technologies to gather data on their customers and offer new shopping centre experiences.
Canada
5 Apr 2016
9
The Canadian Retail Report
Our Canadian Retail Report provides you with practical content to keep you current on developments that affect retailers in Canada.
Canada
5 Jun 2015
10
$1.1 Million Penalty Issued Under Canada’s Anti-Spam Law
The Canadian Radio-television and Telecommunications Commission announced today that it has issued a Notice of Violation to Quebec-based business Compu-Finder for four alleged violations of Canada’s anti-spam legislation.
Canada
6 Mar 2015
11
Incrementalism And Good Faith In Contract Law – The New Duty Of Honesty (And Beyond?)
The Supreme Court of Canada’s recent decision in Bhasin v. Hrynew attempts to both clarify and extend the role of good faith in contract law.
Canada
4 Dec 2014
12
Getting The Deal Done With Representation And Warranty Insurance
For most M&A transactions, one of the primary concerns for the buyer is understanding the risks and liabilities that it will be inheriting through the purchase of certain assets and/or shares and reflecting such risk in the purchase price.
Canada
11 Nov 2014
13
Latest From The Supreme Court Of Canada On Restrictive Covenants In The Commercial Context
On September 12, 2013, the Supreme Court of Canada issued its decision in Payette v. Guay Inc.
Canada
8 Oct 2013
14
Kick Starting Business Relationships: Starting On The Right Foot While Protecting Your Business (Video Content)
In this presentation Dentons' Heather Barnhouse and Alex Ragan describe letters of intent/memoranda of understanding and confidentiality agreements in the context of business relationships.
Canada
19 Jun 2013
15
Court Of Appeal Agrees To Reconsider Timminco
The Court of Appeal for Ontario has recently agreed to review its much discussed decision in Sharma v. Timminco Limited.
Canada
28 Feb 2013
16
Focus on Franchise Law - January 2012
The Quebec Court of Appeal Just Rendered an Important Judgment Regarding Franchisees’ Rights and Recourses in Case of Territorial Encroachment.
Canada
31 Jan 2012
17
Supreme Court Rules On Arbitration Of Consumer Claims: Reality Or Myth?
On March 18 2011 the Supreme Court released its decision in "Seidel v TELUS Communications Inc." Ms Seidel had commenced an intended class action in the British Columbia Supreme Court notwithstanding the following arbitration clause in her contract with TELUS:
Canada
22 May 2011
18
Force Majeure Clauses In Construction Contracts
The primary purposes of construction contracts are to clarify responsibilities (including performance and payment obligations) and to allocate risk. It is in regard to the latter purpose that the concept of force majeure plays an important role.
Canada
21 Mar 2011
19
Consequential Damages: Are Exclusions Of Consequential Damages Inconsequential
This article carries on the general theme of exclusions picked up by Kerry Short and Donald Lucky in their earlier papers, however in this case in the context of the standard exclusion of "consequential damages" in most standard form contracts.
Canada
18 Mar 2011
20
"Best Efforts" - "Reasonable Efforts" - "Commercially Reasonable Efforts" - What Do These Terms Mean?
Agreements often refer to obligations being performed to a certain standard. Those standards can be expressed in many different ways, but the terms "best efforts", "reasonable efforts" and "commercially reasonably efforts" are frequently used qualifiers.
Canada
11 Jun 2010
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