News & Analysis as of

Canada Contract Negotiations

Stikeman Elliott LLP

Recent Québec Court of Appeal Decision Highlights the Importance of Clear Drafting for Earnouts

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Ambiguous drafting of earnout provisions in M&A agreements is a perennial source of post-closing disputes. What may have seemed clear to parties in the heat of negotiations can often become less so as time passes,...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

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement

In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment Standards Act, 2000...more

Bennett Jones LLP

B.C. Court of Appeal Decision Reminds Parties to Contracts to Read Before Signing

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Written contracts are an essential tool in confirming the terms of an agreement between two parties following an apparently successful negotiation. Yet too often parties treat such agreements as mere formalities, signing them...more

Bennett Jones LLP

Representation and Warranty Insurance 2020 Update

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More and more buyers are using representation and warranty insurance (RWI) to supplement or replace indemnities from a seller in the sale of a business in Canada. While some of our clients, particularly private equity funds,...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

Bennett Jones LLP

What Constitutes Surrounding Circumstances in Contractual Interpretation? The Alberta Court of Appeal

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Pre-contract negotiations, such as prior drafts of agreements, are generally inadmissible as part of "surrounding circumstances" when interpreting a contract, and parties' subjective intentions are always inadmissible, the...more

Bennett Jones LLP

Crude by Rail and Negotiating Tank Car Leases: Best Practices

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Canadian crude oil exports by rail keep reaching all-time highs. Over 229,500 bbl per day were transported in August 2018, according to the National Energy Board. This was the fifth month in a row a new record has been set...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

Representation and Warranty Insurance in M&A—What You Need to Know

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Due in large part to greater awareness of the strategic value of representation and warranty insurance (RWI), an increasingly competitive underwriting market in Canada (resulting in lower costs, lower deductibles and more...more

Benesch

NAFTA Watch Newsletter Vol. 11 – NAFTA Renegotiation Part 5: The Year Ends Without Any Major Agreements

Benesch on

This publication is our eleventh installment in a series designed to provide our clients in the manufacturing, transportation and logistics, and related industries with monthly updates on any action taken by the Trump...more

Bennett Jones LLP

Bennett Jones Fall 2017 Economic Outlook

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After a marked slowdown in 2016, the global economy is experiencing robust, synchronized growth in 2017, which exceeds earlier expectations and should continue in the short term. Notwithstanding this improved outlook,...more

Dorsey & Whitney LLP

Dear Fashion Santa, Let Me Explain…

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We only want one thing for Christmas this year: clear and unambiguous terms for ownership of intellectual property. We know you’ll understand after the year you’ve been having....more

Blake, Cassels & Graydon LLP

Rep and Warranty Insurance in Canada: A Market-Driven Option for M&A Negotiations

Canadian M&A practitioners are increasingly using representation and warranty (R&W) insurance as a competitive tool in deal negotiations. The insurance, which provides coverage for breaches of a seller’s representations and...more

Bennett Jones LLP

Canada and the EU Complete Trade Treaty Negotiations

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Canada and the European Union today announced that they have completed negotiation of their Comprehensive Economic and Trade Agreement (CETA). The announcement puts to rest extended speculation about whether a deal was still...more

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