News & Analysis as of

Canada Contract Drafting

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

Littler

Ontario, Canada Appeal Court Finds Independent Contractors Have Duty to Mitigate Damages When Fixed-Term Contract is Terminated...

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In Monterosso v. Metro Freightliner Hamilton Inc., 2023 ONCA 413, the Ontario Court of Appeal (OCA) found that independent contractors have a duty to mitigate their damages upon the early termination of a fixed-term agreement...more

Stikeman Elliott LLP

Québec’s Language Legislation: Be Ready for Important Changes Impacting Commercial Contracts, Trademark Usage and Government...

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Our August 2022 post summarized the main business-related changes that Bill 96 made to the Québec Charter of the French Language (“Charter”). This post provides updates on several key issues, particularly the potential impact...more

American Conference Institute (ACI)

[Event] 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd -...

Hosted by CI, the 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern Canada Edition returns to Toronto for another exciting year with curated programming that addresses the most critical...more

American Conference Institute (ACI)

[Event] Managing Risk in Construction Contracts & Projects – Eastern Canada Edition - February 23rd - 24th, Toronto, ON, Canada

Reconnect with your peers and key stakeholders from construction companies, public sector, and infrastructure! The Canadian Institute’s 7th Annual Conference on Managing Risk in Construction Contracts & Projects – Eastern...more

Dickinson Wright

An Entire Agreement Clause Is Not a Complete Bar to a Fraudulent Misrepresentation Defence

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An entire agreement clause clarifies that the document in which it appears (and any other documents specified) constitutes the whole agreement between the parties. This helps ensure contractual certainty: the parties know...more

Stikeman Elliott LLP

Business Impacts of Québec’s Language Law Changes: An Update on Bill 96

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Bill 96, key legislation that will amend Québec’s Charter of the French Language (the “Charter”) and affect many businesses, has just been passed in the Québec National Assembly. It will not have force of law until assent...more

Littler

Ontario, Canada Court Concludes Secondment Agreement Was Not a Fixed-term Employment Agreement

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In Nader v. University Health Network, 2022 ONSC 447, the court examined the language of a secondment agreement and concluded that the plaintiff-employee was not a fixed-term employee of the organization to which he was...more

Stikeman Elliott LLP

“Commercially Reasonable Best Efforts”: B.C. Court Provides Guidance in Context of Purchase and Sale Contract

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In Sutter Hill Management Corporation v. Mpire Capital Corporation (Sutter), the British Columbia Court of Appeal found that the acquiror of an Abbotsford, B.C. care home had breached the purchase and sale agreement by...more

Littler

Supreme Court of Canada Clarifies Duty to Exercise Contractual Discretion in Good Faith

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In 2020, the Supreme Court of Canada (SCC) heard arguments in Wastech Services Ltd. v. Greater Toronto Sewage and Drainage District, 2021 SCC 7 (Wastech) and C.M. Callow Inc. v. Zollinger, 2020 SCC 45 (Callow), both of which...more

Blake, Cassels & Graydon LLP

Managing and Drafting Contracts in the COVID-19 Era

As the COVID-19 pandemic continues to intensify, businesses can expect ongoing disruption to key contractual relationships for a variety of reasons, including government-imposed restrictions on their activities, temporary...more

Littler

Ontario, Canada: Court of Appeal Upholds Dismissed Employee’s Right to Damages for Value of Incentives That Would Have Vested...

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Whether a wrongfully dismissed employee is entitled to damages as compensation for the value of incentives that would have vested during the reasonable notice period is frequently litigated in Canada....more

Bennett Jones LLP

British Columbia Court of Appeal Reforms Fresh Consideration Principles

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In a recent decision, Rosas v Toca, 2018 BCCA 191 [Rosas], the British Columbia Court of Appeal turned sharply away from traditional contract law principles by holding that parties may modify a contract without providing...more

Bennett Jones LLP

Courts Will Not Sever Defective Termination Provisions

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North v Metaswitch Networks Corporation, 2017 ONCA 790 [Metaswitch] is the latest in a series of employee-friendly appellate level decisions where a contractual termination provision is not enforced. The Ontario Court of...more

Bennett Jones LLP

Whole Agreement Clause Upheld by Court of Appeal

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A properly-worded whole agreement clause is effective to exclude liability for innocent and negligent misrepresentations, the Alberta Court of Appeal recently held in Houle v Knelsen Sand and Gravel Ltd, 2016 ABCA 247...more

Bennett Jones LLP

Any Amendment Must be in Writing, Signed by the Parties - Sometimes Contracts Quite Literally Do Not Mean What They Say

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The English Court of Appeal recently held that an express clause in a contract requiring that any amendment be in writing and signed by the parties does not preclude oral or unsigned amendments to the contract. In holding...more

Bennett Jones LLP

Ghost Offers in Real Estate Transactions

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Too Clever by Half - Not so long ago I received a draft agreement of purchase and sale from a practitioner in which he named his purchaser client as “John Doe, in trust, and without personal liability, for a corporation...more

Bennett Jones LLP

Dangers of a Self-Drafted Letter Agreement

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Court Unwilling to Impose a Reasonableness Limit on Expenditures - Exploration expenditures incurred to earn into a mining claim did not have to be reasonable, the B.C. Court of Appeal recently held in American Creek...more

Bennett Jones LLP

Contracting around the Hague Convention on Service of Process

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When negotiating contracts with international parties, counsel should consider how their clients would, if necessary, serve judicial documents on counterparties based outside of Canada. The Hague Convention on the Service...more

K&L Gates LLP

What is a "Material Change" Affecting Off The Plan Sales?

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The Supreme Court of Victoria has recently decided a case that highlights a number of issues for off the plan sales and developments in Victoria. The Court addressed situations where purchasers are entitled to rescind...more

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