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The High Cost of Cost Indemnification: A Warning

Canada - November 16 2022 A contractual indemnification can require the losing party in a lawsuit to pay the winning party's full legal costs, the Alberta Court of Queen's…

Scott H. D. Bower, David E. Gruber, Joshua Koop

Class Action Waiver Unenforceable Due to Unconscionability and Public Policy

Canada - June 8 2021 Contractual terms that prevent a party from participating in a class action may be unenforceable for unconscionability and public policy when they…

Ranjan K. Agarwal, Scott H. D. Bower, Gita K. Keshava, Patrick Schembri

Supreme Court of Canada Imposes Good Faith Limits on the Exercise of Contractual Discretion

Canada - February 8 2021 Good faith requires a party who has a discretionary power under a contract to exercise that discretion in accordance with the purposes for which it…

Ranjan K. Agarwal, Scott H. D. Bower, Preet K. Gill, Patrick Schembri, Michael P. Theroux

Supreme Court of Canada: Silence Can Breach the Contractual Duty of Good Faith Honesty

Canada - January 5 2021 Good faith requires a party to a contract whose actions or words have created a false impression in the mind of a counterparty to take positive steps…

Ranjan K. Agarwal, Scott H. D. Bower, Patrick Schembri, Michael P. Theroux

Litigation Privilege Protects Against Disclosure of Database of Records

Canada - December 18 2020 A litigation document management database does not have to be disclosed to the other side in a lawsuit, even where that leads to substantial expense…

Scott H. D. Bower, David E. Gruber, Brendan Sigalet