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Issue and Action Estoppel and Abuse of Process

Introduction All forms and attempts at relitigating matters that have already been determined are considered…

When is Legal Commitment Unconscionable?

Introduction It is extremely difficult to set aside an agreement or transaction based on the…

Dependent Contractors, Exclusivity & Reasonable Notice

Introduction Contractors in law are distinct from employees. Employees are entitled to a reasonable period…

Rolling Limitation Periods in Contract Litigation

Introduction The usual rule is that once an event occurs which triggers a possible legal…

Pierringer Settlements Update

Introduction In two previous blogs, we have discussed both Mary Carter and Pierringer settlements. This…

Corporate Identification & Civil and Criminal Responsibility

Introduction A corporation is a fictional creation of the law. It is treated as a…

Unjust Enrichment by Wrongdoing & Waiver of Tort

Introduction The meaning of the term “waiver of tort” is by no means clear. At…

Ice Breaker Settlements and Class Proceedings

Introduction An ice breaker is anything used to relieve inhibitions or acrimony between two parties…

Anticipatory Breach of Contract and the Limitations Act

Introduction An anticipatory breach of contract occurs where one party to a contract expresses, or…

Another Attempted End Run Around The Corporate Veil

Introduction We have written twice in the past about piercing the corporate veil. Despite the…