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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…

The 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…