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Does the UNCITRAL Model Law apply to a claim under The Consumer Protection Act?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • January 6 2013

The Queen's Bench Court for Saskatchewan recently applied the Saskatchewan International Commercial Arbitration Act (SICAA) and the UNCITRAL Model law

Two construction lien issues: architect’s pro-forma certificate is invalid; GST must be added to holdback

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • December 29 2012

The Ontario Superior Court recently decided two important issues relating to construction liens. In Wellington Plumbing & Heating Ltd. v. Villa Nicolini

Supreme Court denies leave in tender case refuses to re-write history

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • December 10 2012

The Supreme Court of Canada has recently refused leave to appeal in Trevor Nicholas Construction Co. Ltd. v. Canada

Can an arbitration award be set aside for unreasonableness?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 24 2012

If an arbitration agreement states that there is to be no appeal from the award under the agreement, can a party seek judicial review on the ground that the award is unreasonable?

Six points to consider before commencing an arbitration

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • November 19 2012

On October 10, 2012, I gave a speech at an Advocates’ Society program

If you want specific performance, do you still have to mitigate your damages?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • October 28 2012

Is a party to a contract obligated to mitigate its damages at the same time that it is asking the court to order specific performance?

The new Canada-China foreign investment agreement: will the UNCITRAL arbitration rules result in enforceable justice?

  • McCarthy Tétrault LLP
  • -
  • Canada, China
  • -
  • October 12 2012

Canada has recently signed a Foreign Investment Promotion and Protection Agreement (FIPA) with the People’s Republic of China

What does a CGL policy cover after progressive homes?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 30 2012

The decision of the Supreme Court of Canada in Progressive Homes Ltd. v. Lombard General Insurance Co of Canada is a seminal decision with respect to the application of CGL policies to the construction industry

Can a service contract create a duty to defend?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 23 2012

A clause obliging the insurer to defend an insured, or pay for the insured’s defence, is a well know feature of liability insurance policies

Is certainty an essential element of a building contract?

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • September 15 2012

Courts are often unwilling to hold that an agreement is unenforceable for uncertainty when, by all appearances, the parties intended to make a contract