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Anticipatory Breach of Contract and the Limitations Act

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

Do Courts Have the Discretion to Override Arbitration Clauses?

Contracting parties normally have their remedy for breaches through the court process. However, they may…

Recent Uber Decision Revisits The Use of Arbitration Clauses

With Heller v. Uber Technologies Inc., the Ontario Court of Appeal (ONCA) kicked 2019 off with a…

Market Pressures on Contractual Obligations

We have all envied, or maybe abhorred, the skilled professional athlete who suddenly demands, and…

Unjust Enrichment in Civil Litigation

Unjust enrichment is an equitable cause of action. It stems from an ancient principle that…