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Results: 1-10 of 355

A wake-up call to merchants : the cost of “illegible” consumer contracts

  • Lavery de Billy LLP
  • -
  • Canada
  • -
  • June 18 2013

Recently, the Court of Québec reminded merchants of their responsibility to ensure that consumers are cognizant of important contractual clauses at

What’s so “special” about a “special committee”?

  • McCarthy Tétrault LLP
  • -
  • Canada, USA
  • -
  • June 18 2013

In a recent bench ruling in Re Plains Exploration, the Delaware Court held that a special committee was not required to take the lead in merger

Primer on contract interpretation (part 2)

  • Field Law LLP
  • -
  • Canada
  • -
  • June 17 2013

As mentioned in Part 1, the Alberta Court of Appeal (in Bhasin v. Hrynew) has provided some helpful guidelines to assist with basic contract

Presto! The UK Supreme Court holds the corporate veil can disappear in Prest v. Petrodel Resources

  • McCarthy Tétrault LLP
  • -
  • Canada, United Kingdom
  • -
  • June 17 2013

The UK Supreme Court has released an important new judgment addressing the ability of judges to "pierce the corporate veil": Prest v Petrodel

First Majestic Silver Corp. v. Davila: a significant price to pay for a breach of fiduciary duty

  • Gowling Lafleur Henderson LLP
  • -
  • Canada
  • -
  • June 17 2013

Directors, officers and their advisors should take note of the recent decision in First Majestic Silver Corp. v. Davila, 2013 BCSC 717, as it is a

Court of Appeal accepts Ontario jurisdiction despite forum selection clause for Germany

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • June 14 2013

During the spring of 2012, the Canadian Appeals Monitor posted a five-part series on the Supreme Court's judgments in Van Breda, Black, and Éditions

A trap for the unwary the Ontario Court of Appeal addresses the limitation period for contractual indemnification claims

  • McCarthy Tétrault LLP
  • -
  • Canada
  • -
  • June 12 2013

Imagine the following scenario. Party A contractually agrees to indemnify Party B against claims by third parties. Both Party A and Party B are then

The right of withdrawal, a controlled form of contractual freedom

  • Lavery de Billy LLP
  • -
  • Canada
  • -
  • June 6 2013

The right of withdrawal, also referred to as an "opting out" clause, is the right given contractually or by law to a party to withdraw from a

Is the corporate veil an iron curtain? The prevailing standard for directors' liability

  • Davis LLP
  • -
  • Canada
  • -
  • June 5 2013

In Hogarth v Rocky Mountain Slate Inc., 2013 ABCA 57 the Court of Appeal re-affirmed the test for directors' liability in the context of tortious

Some limits on commercial common sense as an interpretive principle

  • Borden Ladner Gervais LLP
  • -
  • Canada, United Kingdom
  • -
  • June 4 2013

When you tell businesspeople that Canadian and English courts now recognise commercial common sense as a principle to be used in interpreting a