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Performance in good faith as a matter of ‘mutual commercial conduct’

Borden Ladner Gervais LLP
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Canada, United Kingdom
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March 19 2013

As in Canada, the general position in England is that there is no duty of good faith in the negotiation of contracts: see Martel Building Ltd v

Everyone’s a VP, right?

Borden Ladner Gervais LLP
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Canada
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February 27 2013

Or a managing director, but often enough the title on the business card doesn't reflect a truly senior or executive function. As a result of a recent

Satiric web posting not grounds for treating contract as terminated

Borden Ladner Gervais LLP
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Canada
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December 19 2012

Spectrum Agencies was the commercial agent for the sale of Crocs Europe BV's (unaccountably) popular line of footwear. Employees of Spectrum found that

TSX adopts new requirements for director elections

Borden Ladner Gervais LLP
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Canada
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December 19 2012

The TSX has announced that listed issuers will be required to (a) elect directors individually, (b) hold annual elections for all directors, (c) disclose

BLG Monthly Update

Borden Ladner Gervais LLP
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Argentina, Australia, Canada, United Kingdom, USA
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December 19 2012

The BLG Monthly Update is a digest of recent developments in the law which Neil Guthrie, our National Director of Research, thinks you will find

Delaware court takes narrow view of common-interest privilege

Borden Ladner Gervais LLP
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Canada, USA
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December 19 2012

CrossFit, a distributor of fitness and training regimens, is owned 'by an artificial entity, the marital community enjoyed by Greg and Lauren Glassman'

Directors' resignations: when are they effective and can they be revoked?

Borden Ladner Gervais LLP
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Canada
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December 7 2012

The OBCA, the CBCA and the new Ontario Not-for-profit Corporations Act 2010 provide that a director's resignation is effective on the later of receipt of the resignation by the corporation or a date specified in the resignation, does not need to be accepted by the corporation and cannot be revoked once given, unless the corporation agrees

BC Court of Appeal reverses problematic decision on empty voting

Borden Ladner Gervais LLP
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Canada
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November 20 2012

Telus wanted to consolidate voting and non-voting shares into a single class

Use of mobile devices during board meetings a breach of fiduciary duties?

Borden Ladner Gervais LLP
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Canada
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November 20 2012

So argues Mark Rogers, a US corporate governance wonk, in a recent article

No liability for non-dangerous design defect

Borden Ladner Gervais LLP
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Canada
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September 19 2012

Buyers of Whirlpool front-loading washing machines complained that, owing to what they said was a design defect, the machines failed to self-clean properly

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