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Verbal Terms Cannot Contradict the Written Contract

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

The Northern Picasso and a Sale by Description

Introduction The deceased Anishinaabe visual artist Norval Morriseau was the founder of the Woodfield school…

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…

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…

NOTE: We are moving our offices October 21, 2024.

Our new address is Scotia Plaza, 40 King Street West, Suite 3602, Toronto, ON M5H 3Y2