In dealing with a series of intertwined contracts, the English High Court found that the correct interpretation of a contract meant that an airline had had its obligations to make overdue payments terminated but then...more
Section 415 of the Uniform Trust Code provides that even in the absence of ambiguity the court may reform the terms of a trust to conform the terms to the settlor’s intention if it is proved by clear and convincing evidence...more
Emergency personnel and first responders have the opportunity to document crash scenes while evidence is still recent. The growth of the drone market and the efficiency of documentation with drones has led to an increasing...more
The London Engineering Group’s LEG 3 exclusion—one of three standard form provisions issued by the London Engineering Group addressing coverage arising from construction or design defects—is an increasingly common defects...more
The decision to certify as to when the works under construction contracts in the United Kingdom (“UK”) have reached ‘Practical Completion’ (“PC”) can often cause difficulties for the Contract Administrator (“CA”), as the...more
We set out in the attached Newsletter a number of interesting English court decisions and market developments which have taken place in the second half of 2019 and their impact on M&A transactions. This review looks at these...more
On October 30, 2019, the British Columbia Court of Appeal upheld the rectification of an erroneously calculated capital dividend account, saving the corporate taxpayer from a punitive 60% tax. ...more
The Court of Appeal has clarified that the correct test for rectification of a contract for common mistake will depend on whether or not there is a prior concluded contract (eg an oral agreement). If there is, an objective...more
Danish data protection authority Datatilsynet has ordered a bus company to explain, by July 15, how it will amend its IT systems to allow for compliance with the right to rectification (correction) under GDPR and provide a...more
Why does this topic matter to organisations? EU data protection law provides data subjects with a wide array of rights that can be enforced against organisations that process personal data. These rights may limit the...more
The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. Although the GDPR went into force on May 25, 2018, there continues to...more
On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) took effect. Although EU laws typically don’t have a worldwide impact, the GDPR will impact business across the globe. The GDPR has an extremely...more
The European Union's General Data Protection Regulation ("GDPR") is arguably the most comprehensive - and complex - data privacy regulation in the world. As companies prepare for the GDPR to go into force on May 25, 2018,...more
WHY DOES IT MATTER? - Because the General Data Protection Regulation (GDPR) will hold universities much more accountable for the data they possess and use....more
On December 9, 2016, the Supreme Court released its decisions in two tax rectification cases: Jean Coutu Group (PJC) Inc. Canada (Attorney General), 2016 SCC 55 and Canada (Attorney General) Fairmont Hotels Inc., 2016 SCC 56....more
A drafting mistake in an agreement can result in significant and unintended tax consequences. In the recent case of Baytex Energy Ltd. v. Canada (Attorney General) (Baytex), the Court of Queen’s Bench of Alberta (Court)...more
While the equitable remedy of rectification is often sought as a means to address unintended tax consequences, rescission is also an available remedy in the appropriate cases. The British Columbia Supreme Court’s decision in...more
The Supreme Court of Canada recently endorsed a fundamental principle in Canadian tax law – namely that absent sham or statutory recharacterization rules, “tax law applies to transactions governed by, and the nature and legal...more