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The penalty doctrine: focus on substance not form says the High Court of Australia

McCarthy Tétrault LLP
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Australia, Canada
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October 3 2012

When is a contractual term a penalty?

Andrews v ANZ: what are the consequences for building contracts?

McCarthy Tétrault LLP
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Australia
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October 21 2012

The recent decision of the Australia High Court in Andrews v. Australia and New Zealand Banking Group Ltd. is important for the building industry

Limitation periods for demand promissory notes: something old and something new

McCarthy Tétrault LLP
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Canada
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November 23 2012

The existing Limitation Act (British Columbia) (Limitation Act) establishes a six-year limitation period for creditors to bring an action to enforce payment on a promissory note

What mortgage payments are “advances” that have priority over lien claims?

McCarthy Tétrault LLP
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Canada
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March 25 2012

A recurring issue for construction and builders liens is whether the liens have priority over mortgage advances

Interlocutory injunctions in the public interest: the UK Supreme Court considers when an undertaking in damages is required

McCarthy Tétrault LLP
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United Kingdom
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March 6 2013

In a recent decision, the UK Supreme Court considered whether public authorities, acting in fulfillment of their statutory mandate, have to give an

UK Supreme Court to consider duty of care for negligent misrepresentation

McCarthy Tétrault LLP
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Canada, United Kingdom
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December 12 2011

The United Kingdom Supreme Court has granted permission to appeal in a case involving the duty of care for negligent misrepresentation

Business common sense and the interpretation of commercial contracts

McCarthy Tétrault LLP
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Canada, United Kingdom
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November 11 2011

What role does business common sense play in the interpretation of commercial contracts?

UK Supreme Court to pierce the issue of the corporate veil

McCarthy Tétrault LLP
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Canada, United Kingdom
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August 20 2012

The UK Supreme Court has granted permission to appeal in a case that raises important issues regarding the legal doctrine of “piercing the corporate veil”

The Marcotte and Adams decisions: the constitutional application of provincial consumer protection legislation to banks in matters of credit

McCarthy Tétrault LLP
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Canada
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October 31 2009

Three class actions decisions (the Marcotte and Adams files) were rendered on June 11, 2009 by the Superior Court of Québec, ordering nine Canadian banks and Desjardins to pay over 200 millions

Canada Trustco Mortgage Co. v. Canada: focus on financial institutions

McCarthy Tétrault LLP
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Canada
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October 28 2011

It is not often that the Supreme Court of Canada grants leave to appeal a decision relating to the Income Tax Act (ITA) or the law relating to how cheques are processed and paid

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Search results

The penalty doctrine: focus on substance not form says the High Court of Australia

Andrews v ANZ: what are the consequences for building contracts?

Limitation periods for demand promissory notes: something old and something new

What mortgage payments are “advances” that have priority over lien claims?

Interlocutory injunctions in the public interest: the UK Supreme Court considers when an undertaking in damages is required

UK Supreme Court to consider duty of care for negligent misrepresentation

Business common sense and the interpretation of commercial contracts

UK Supreme Court to pierce the issue of the corporate veil

The Marcotte and Adams decisions: the constitutional application of provincial consumer protection legislation to banks in matters of credit

Canada Trustco Mortgage Co. v. Canada: focus on financial institutions

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