What is something worth? And if it's worth something to you, is it worth the same to me? Or is everything in the eyes of the beholder?
These are tough questions at the best of times. But they are even tougher in the case of a…more
An important issue relating to enforcement of an arbitral award is whether the award can be enforced against a party who did not sign the arbitration agreement. If the arbitral tribunal sitting outside Canada finds that party to…more
There are several different remedies provided in construction and builders lien legislation that do not necessarily fit together well. Two remedies available to a subcontractor are the lien claim against the land and the trust…more
In Canada, there has been a controversy about appeals from stay motion decisions in the context of arbitration clauses. The issue is whether a decision of a motion judge denying the stay of an action, when the moving party…more
In two prior articles I dealt with four questions:
. When must a sponsor's conduct occur for it to be considered unfair?
. What is the standard of review to be applied to a sponsor's decision to select one bid over the…more
The last article I wrote on Evnoy Relocation Services Inc. v Canada (Attorney General) considered the impact of Contract A - Contract B principles of tender law. There are many more interesting issues which emerge from this…more
The recent decision in Envoy Relocation Services Inc. v Canada (Attorney General) certainly deserves the title of Mother of All Tender Cases. It is a judgement of over 1800 paragraphs in which Mr. Justice Annis of the Superior…more
Not all requests for bids issued by an owner are the same. A request for bids that will be binding on the chosen bidder is usually referred to as an Invitation to Tender. On the other hand, a request for bids which is not…more
What is the meaning of an arbitration clause which states that a dispute "may be determined by arbitration"? Does the clause mean that the arbitration process is permitted but not mandatory? Or does the word "may" mean that the…more
Is an owner entitled to look behind a bid submitted in response to an invitation to tender and determine whether it is compliant with the terms of the invitation to tender, even though on its face the bid is compliant? And if…more
Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of "successors." What does the word "successors" mean? Who are "successors"? Do those who enter into the contract know…more
Can inaction by a party to a contract amount to an acceptance of the repudiation of the contract by the other party? That was the issue in a very recent decision of the Ontario Court of Appeal in Brown v. Belleville…more
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise from a motion by a defendant in the action. The defendant will bring a motion to stay…more
An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does an agreement to mediate mean that, until the mediation occurs,…more
A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may contain a clause imposing an obligation to mediate before…more
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