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Force majeure clauses: Contractual risk allocation and the COVID-19 pandemic

Canada - December 9 2020 Owing to the COVID-19 pandemic, the force majeure clause has entered what will hopefully be its only heyday. Force majeure clauses typically operate…

Elie Farkas, Mark A. Gelowitz

Supreme Court of Canada rules Uber arbitration clause invalid and a ‘classic case of unconscionability’

Canada - June 29 2020 The Supreme Court of Canada released its decision in the closely watched case of Uber Technologies Inc v. Heller (Heller) on June 26, 2020. The…

Steven Dickie, Elie Farkas, Laura Fric, Lauren Tomasich

Contractual rights and obligations in the context of COVID-19

Canada - March 17 2020 Proactively assess risks related to contract failure and begin discussions with contractual partners to understand and resolve business critical…

Laura Fric, Mark A. Gelowitz, Simon Hodgett, Adam Schoenborn

Common issues not remotely common? Two appeals courts disagree

Canada - August 10 2017 Hodge v. Neinstein is an interesting case that we have written about a number of times over the past few years. The action involves a representative…

Lauren Tomasich

Document management before & after a data breach

Canada - May 17 2017 The number of documents involved in a data breach investigation or litigation can be immense; proper preparation and response is critical...

Shelby Austin, Sarah Millar