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Court of Appeal Allows Fraudulent Misrepresentation as Defence to Contract Default

Contracts form the basis of every business relationship. Contracts can be customized to fit the…

Non-Payment Triggers Re-Entry for Commercial Landlords

When a prospective buyer defaults on deposit payments, the seller has the option to provide…

The Impact of Post-Breach Events on Damages for Breach of Contract

In Ontario, there is a legal presumption that damages for breach of contract are calculated…

The “Innocent Insured” Clause in the Insurance Act is not Applicable Retroactively

While property insurance coverage applies to a specific property, it may cover several insured parties.…

Disgorgement as a Remedy for Breach of Fiduciary Duty

Legal remedies in a civil case where one party has profited from wrongdoing to another…

Court Certifies Class Action Against Uber

We have been watching the progress of the proposed class action proceeding between ‘gig economy’…

SCC Provides Guidance on Interpreting the Wording of a Release

A final release is a document used in various areas of law when the parties…

Data Exclusion Clause Limits Insurance Coverage for Cyber Matters

As privacy and cybersecurity concerns grow in significance, digital breaches are a growing area of…

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…