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Searching Content indexed under Contracts and Commercial Law by McMillan LLP ordered by Published Date Descending.
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1
The Supreme Court Of Canada Rules On The Distinction Between An Employee And An Independent Contractor/Franchisee In Québec Pursuant To A Franchise Agreement
In recent years, many authors have analyzed the law of franchise in Québec. Being one of the few provinces in which no specific laws have been enacted until today
Canada
25 Jul 2019
2
Performance Bonds: What Project Finance Lenders Should Know
As part of the performance security package for construction projects, project finance lenders (as well as project owners, landlords and government authorities)
Canada
12 Jul 2019
3
SCC Confirms A "Deal Is A Deal": Party Not Allowed To Re-Negotiate A Contract Because It No Longer Liked The Terms
In the recent Supreme Court of Canada case, Churchill Falls (Labrador) Corp v Hydro-Québec, the Court upheld the terms of a nearly 50 year old contract and confirmed the adage, "a deal is a deal."
Canada
10 Dec 2018
4
A Word Of Warning To Franchisors – ADR Provisions May Postpone The Limitation Period For Rescission
In the recent Ontario Court of Appeal decision in PQ Licensing the Court considered whether the mandatory mediation process prescribed by a franchise agreement impacted the limitation period...
Canada
6 Nov 2018
5
New Regulations Add Detail To The Construction Lien Amendment Act
Although the CLAA made significant changes, it left some important details to be established in regulations.
Canada
2 May 2018
6
Practicing Safe Text: Drafting Tips From The Stormy Daniels NDA
Over the past few weeks, the non-disclosure agreement ("NDA") allegedly between Stormy Daniels and Donald Trump has dominated the news not only in the United States but around the world.
Canada
23 Mar 2018
7
Interpretation Of Model Contracts
The model contracts are developed by industry groups to meet the specific needs of the industry, and usually are accompanied by an annotation to provide an explanation as to the reasoning behind each provision.
Canada
12 Mar 2018
8
The WELL Building Standard
There has been a growing awareness of the impact that the built environment has on occupants' health and wellbeing.
Canada
9 Jan 2018
9
Supreme Court Of Canada Turns The Other Cheek: Facebook's "Terms And Conditions" – Forum Selection Clause Unenforceable
The Supreme Court of Canada's recent decision in Douez v Facebook, Inc. is an important decision on whether companies can select the location for any lawsuits against them by disgruntled customers.
Canada
3 Jul 2017
10
Bill C-49: Some Welcome Improvements to Rail Service Level Arbitration
The Government of Canada's proposed "Transportation Modernization Act" (Bill C-49), upon which we have previously reported, would amend the service level arbitration ("SLA") provisions...
Canada
14 Jun 2017
11
If Your Dealer Agreement Permits You To Terminate "Immediately" For Breach, Do So Promptly Or Risk Paying Damages For Breach Of Contract
A recent decision of the BC Court of Appeal in Cellular Baby Cell Phones Accessories Specialists Ltd. v. Fido Solutions Inc. provides important guidance to suppliers seeking to terminate dealer agreements...
Canada
8 Mar 2017
12
The Timely Exercise Of Lease Renewal Rights
The Landlord and the Tenant had many discussions about renewing the Lease beginning in July, 2014.
Canada
14 Feb 2017
13
Ontario Increases Land Transfer Tax Rates
On November 14, 2016, as part of its fall fiscal update, the Government of Ontario announced a number of changes to the Land Transfer Tax.
Canada
18 Nov 2016
14
Rolling Back Sattva: Appeal Courts Can Second Guess Contractual Interpretation
A standard form contract is a highly specialized contract sold widely to customers without negotiation of terms.
Canada
27 Sep 2016
15
Fundamental Breach Of Commercial Leases
A typical commercial lease is not a balanced document in terms of rights and remedies for a breach of the lease. There will be long list of tenant defaults that will give the landlord a full range of remedies.
Canada
12 Sep 2016
16
How To Protect Business Property And Information In Commercial Transactions - July 2016
A sustainable competitive advantage in today's crowded business environment requires a combination of several factors, including sound market awareness, innovative business ideas, and customer loyalty.
Canada
6 Jul 2016
17
Good Faith In Contracting: A Reminder That It's Process That Matters
Ever since the Supreme Court of Canada's 2014 decision in Bhasin v. Hrynew, the duty of good faith in contracting has been an ever-present and heavily relied upon concept in commercial litigation.
Canada
8 Jun 2016
18
Contractors' Duty To Seek Payment Under Provisional Payment Clauses
Unpaid contractors cannot sit back and refuse to pay subcontractors based on a provisional payment clause.
Canada
29 Apr 2016
19
New Business Law Advisory Council To Modernize Ontario's Business Laws
Among the eleven members of the Advisory Council is McMillan's Robert Scavone.
Canada
22 Mar 2016
20
Arbitration Clauses And Shareholder Disputes: Are "Fussy Distinctions" Undermining Efficient Dispute Resolution?
In 2007, the House of Lords declared that it was time to make a "fresh start" in the English approach to the scope and effect of arbitration clauses.
Canada
28 Aug 2015
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