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A Good Liability Exclusion Clause Can Protect You From A Bad Termination Of Contract
  • McMillan LLP
  • Canada
  • August 29 2016

Break-ups are often expensive, but they do not always have to be. A recent Ontario Court of Appeal case provides clarity to those seeking to

Consumer Class Actions in respect of Pricing Disclosure: The Québec Superior Court Refuses to Certify a “Drip Pricing” Class Action in Quebec
  • Osler Hoskin & Harcourt LLP
  • Canada
  • August 26 2016

There have been a number of recent class actions commenced in Canada relating to pricing disclosure - and in particular, the alleged practice of

Acquiring assets in Ontario: What every business owner must know about the Bulk Sales Act
  • Gowling WLG
  • Canada
  • August 19 2016

Nearly 100 years after coming into force in Ontario, the Bulk Sales Act (the "BSA") is soon be repealed. However, as a result of the Ontario Superior

Good faith, reasonable exercise of rights and the theory of imprévision in Québec law: Churchill Falls (Labrador) Corporation Limited c. Hydro-Québec (2016 QCCA 1229)
  • Fasken Martineau DuMoulin LLP
  • Canada
  • August 16 2016

In this eagerly awaited Court of Appeal decision, a panel of five judges ruled on the scope of the duties of good faith and fairness in contracts

Ross-Clair v. Canada (Attorney General): Judge’s Failure to Consider Contract as a Whole Leads to Correctness Review
  • Osler Hoskin & Harcourt LLP
  • Canada
  • August 12 2016

The Ontario Court of Appeal’s decision in Ross-Clair v. Canada (Attorney General)is another post-Sattva instance of a dispute over the standard of

Court of Appeal clarifies the impact of a release on in solidum co-debtors
  • Clyde & Co LLP
  • Canada
  • August 10 2016

The Court of Appeal recently ruled that the complete release of a co-debtor who is primarily liable in solidum might have the effect of releasing the

What does the duty of good faith REALLY mean?
  • McCarthy Tétrault LLP
  • Canada
  • August 9 2016

Since the Supreme Court decision in Bhasin v Hrynew, which firmly established a duty of good faith in contractual relations, the exact contours of

Alberta court confirms arm’s length standard does not govern interest on inter-company loans within Canada
  • Thorsteinssons LLP
  • Canada
  • August 8 2016

In ENMAX Energy Corporation v Alberta, 2016 ABQB 334, an Alberta court usefully confirmed that the arm's length standard does not govern the interest

Alberta Court of Queen’s Bench confirms Summary Judgment on Exclusion Clauses
  • Borden Ladner Gervais LLP
  • Canada
  • August 2 2016

In a previous post, BLG discussed Precision Drilling Canada Limited Partnership v Yangarra Resources Ltd., in which Master Prowse of the Alberta

Blaneys Ontario Court of Appeal Summaries - July 25-29, 2016
  • Blaney McMurtry LLP
  • Canada
  • July 29 2016

For the end of July, this was a fairly busy week for the Court of Appeal. Topics covered included Family Law, professional negligence, professional