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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…

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…