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The Duty of Good Faith in Contracts, Further Defined

The Supreme Court of Canada (SCC) established a duty of good faith in contractual performance…

Waiver of Tort as a Cause of Action or the Remedy for Disgorgement?

There has been an ongoing controversy in Canada’s courts over whether the doctrine of ‘waiver…

The Contractual Duties of Good Faith & Honest Performance

The Supreme Court of Canada (SCC) originally created a duty of “good faith in contractual…

The Anti-Deprivation Rule, Part 1: Fraud in Bankruptcy

Protecting or preserving assets during a time of insolvency is a natural temptation of debtors.…

Derivative Contracts: Speculation or Hedging?

The Supreme Court of Canada (SCC) recently released an important taxation decision dealing with how…

The Enforceability of Arbitration Clauses in Ontario

Whether in a shareholder agreement or an employment contract, the enforceability and permissible scope of…

Force Majeure and Frustration in Contracts Following the COVID-19 Pandemic

COVID-19 has clearly had a significant adverse impact on the economy of Ontario, Canada and…

The Importance of Sufficiently Proving Damages

In civil litigation for breach of contract, establishing a breach is only part of the…

Larger Limits for Smaller Claims

Many clients have smaller monetary disputes that initially may not seem worth the effort to…

Verbal Terms Cannot Contradict the Written Contract

Introduction We all say we know the consequences of signing a legal document. We would…