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Baroch v. Canada Cartage: proper scope of reply factums in written leave motions

Canada - June 16 2015 The decision of Then J. Of the Ontario Divisional Court in the case of Baroch v. Canada Cartage Diversified GP Inc., released May 8, 2015, dealt with…

British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department: Determining Whether an Appeal is Civil or Criminal in Nature

Canada - May 18 2016 The British Columbia Court of Appeal in British Columbia (Police Complaint Commissioner) v The Abbotsford Police Department, quashed an appeal of an…

SCC eliminates doctrine of fundamental breach in contract law; Tercon decision strongly endorses upholding exclusion of liability clauses absent proof of an “overriding” public policy to the contrary

Canada - February 16 2010 In a procurement decision that will have a wide-ranging and significant impact on all types of contractual disputes, the Supreme Court of Canada (SCC) has "laid to rest" the doctrine of fundamental breach in Canadian contract law.

Roger Gillott, Paul Ivanoff, Ian Matthews

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, Geoffrey Hunnisett

Certicom v. RIM: when is a confidentiality agreement a standstill, too?

Canada - March 12 2009 A recent dust-up between Research in Motion Limited (RIM) and Certicom Corp. in the course of RIM’s hostile take-over bid for Certicom has once again raised the issue of the effect and effectiveness of confidentiality and standstill agreements in Canadian M&A practice.