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The Importance of a Comprehensive Shareholder Agreement

The existence of a carefully thought-out shareholder’s agreement can go a long way to avoiding…

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 Duties of Good Faith & Honest Performance

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

Fraud, Letters of Credit & the Autonomy Principle

A standby letter of credit is a promise from a bank to a creditor that…

Commercial Tenant Prevented From Using Force Majeure to Escape Rent Obligations

We wrote about the issues of frustration and force majeure in our previous post called…

The Anti-Deprivation Rule Pt. 2: SCC Confirms Test

Last week we visited the primary legal authorities in Ontario on fraud in the event…

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

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

The High Cost of Self-Representation in Litigation

There is an old adage that says that any lawyer who represents themselves has a…

Constructive Trusts: A Remedy for Wrongful Conduct

Constructive trusts are sometimes used by a court to impose a remedy for a party…

Derivative Contracts: Speculation or Hedging?

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