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Canada Commercial Contracts

Stikeman Elliott LLP

Québec’s Language Legislation: Release of Regulations Impacting Commercial Contracts and Trademarks

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This post summarizes a newly published regulation (the “Amended Regulation”) amending the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and business in key areas such...more

Stikeman Elliott LLP

Québec’s Language Legislation: Release of Draft Regulations Impacting Commercial Contracts and Trademarks

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This post summarizes a newly published draft regulation (“Draft Regulation”) that, if passed, will amend the Québec Charter of the French Language (“Charter”) and the Regulation respecting the language of commerce and...more

Houston Harbaugh, P.C.

Text Message Emoji Was Sufficient to Agree to Contract

Houston Harbaugh, P.C. on

Agreeing to a contract does not require everyone sitting around a table signing documents; sending a “thumbs up” text message emoji was sufficient to agree to a contract according to a recent Canadian court decision....more

Stikeman Elliott LLP

Thumbs-Up Emoji Conveys Acceptance of Commercial Contract, Saskatchewan Court Rules, as Plaintiff Gets the Last LOL

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In South West Terminal Ltd. v. Achter Land & Cattle Ltd., 2023 SKKB 116, the King’s Bench for Saskatchewan (the “Court”) ruled that a “thumbs-up” emoji can convey acceptance of a contract. The ruling, which has garnered...more

Bennett Jones LLP

Leaving the Court in Peace: the Alberta Court of Appeal Applies Narrow Limitations Exception for Declaratory Relief

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The Alberta Limitations Act does not apply to requests for "a declaration of rights and duties, legal relations or personal status". The exception is narrow. But as recently confirmed by the Alberta Court of Appeal in...more

Bennett Jones LLP

Force Majeure Clauses and COVID-19 Pandemic Impacts—An Assessment of Ontario Judgments Three Years On

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Early on in the COVID-19 pandemic, many businesses began to scrutinize force majeure clauses in their commercial contracts and leases. Such contractual clauses, when engaged, either permanently or temporarily relieve the...more

Stikeman Elliott LLP

Arbitration Agreements May Be “Inoperative” In Face of Insolvency Proceedings, Supreme Court of Canada Holds

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On November 10, 2022, the Supreme Court of Canada (the "SCC") released its long-awaited decision in Peace River Hydro Partners v Petrowest Corp., 2022 SCC 41 (“Peace River”), which addresses the interaction between insolvency...more

Bennett Jones LLP

Entire Agreement Clause and Due Diligence Cannot Oust Fraudulent Misrepresentation

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The defence of misrepresentation is still alive in circumstances involving entire agreement clauses and opportunities for due diligence, the Ontario Court of Appeal recently held in 10443204 Canada Inc. v 2701835 Ontario...more

Bennett Jones LLP

Supreme Court Enforces Arbitration Clauses for Business Customers in Consumer Class Action

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Business customers that agreed to arbitrate disputes cannot “piggyback” their claims onto a consumer class action in court, the Supreme Court of Canada has ruled....more

Blake, Cassels & Graydon LLP

Alberta Court Decision Addresses Drop Dead Rule, Chronic Delays in Civil Litigation

The Court of Appeal of Alberta (Court) recently addressed the issue of chronic delay in civil litigation, when it released a split decision in Ursa Ventures Ltd. v. Edmonton (City) (Ursa) on the interpretation of rule 4.33 in...more

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