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Searching Content indexed under Contracts and Commercial Law by Osler, Hoskin & Harcourt LLP ordered by Published Date Descending.
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1
Listing In The REIN: Cruel And Unusual Punishment Under The Charter?
On July 16, 2019, the Court of Appeal denied the Autorité des marchés publics (AMP) leave to appeal a Superior Court ruling made during the course of proceedings on an application
Canada
16 Aug 2019
2
Five Common Mistakes In Construction Contracts
The construction contract is the main tool that defines a relationship between an owner and its general contractor or construction manager.
Canada
24 Jul 2019
3
How To Draft Exclusive vs. Non-Exclusive Jurisdiction Clauses
A recent decision from the Court of Appeal for Ontario reminds us that parties using their contracts to select a jurisdiction for hearing disputes must consider jurisdiction clauses carefully.
Canada
29 May 2019
4
The Canadian Construction Contracts Guidebook
Negotiating a construction contract for a project in Canada poses unique challenges for anyone involved in the project, including lawyers, owners, contractors, architects and engineers.
Canada
14 May 2019
5
Legal Year In Review 2018
Osler's insights on key developments in 2018 and their implications for Canadian business.
Canada
20 Dec 2018
6
Print Three Offers Glimpse Of A Post-Raibex World
The request for summary judgment in 1680960 Ontario Inc v Print Three Franchising Corp, 2018 ONSC 1192 stems from the sale ...
Canada
9 Oct 2018
7
Dial-A-Franchise: Fyfe V Vardy Confirms Case Law On What Constitutes A "Franchise"
In Fyfe v. Vardy (cob Dial-a-Bottle), a recent summary judgment decision of the Ontario Superior Court, the plaintiffs sought rescission of an agreement under subsection 6(2) ...
Canada
9 Oct 2018
8
Contractual Interpretation Of Mandatory Statutory Terms Is A Question Of Law
In CHN Canada Ltd. v. Chesterman Farm Equipment Ltd., 2018 ONCA 637, the Court of Appeal for Ontario confirmed that the interpretation of an agreement that incorporates mandatory statutory terms...
Canada
9 Aug 2018
9
Québec Superior Court Interprets Exclusivity Clause In Shopping Mall Lease Narrowly Against Franchisor
In the recent decision of Second Cup Ltd. c. 8702934 Canada inc. (Café Vasanti), 2018 QCCS 2064
Canada
6 Jul 2018
10
Natural Justice Overtakes Deference In Contractual Interpretation
The resulting procedural unfairness warranted judicial intervention.
Canada
28 Jun 2018
11
Supreme Court Of Canada Confirms The Validity Of Perpetual Contracts
In a ruling dated July 28, 2017, a majority of the Supreme Court of Canada affirmed the validity of perpetual contracts in Québec law.
Canada
21 Aug 2017
12
New International Commercial Arbitration Regime Takes Effect In Ontario
On March 22, 2017, a new international commercial arbitration act for Ontario came into force.
Canada
31 Mar 2017
13
Supreme Court Of Canada Clarifies The Remedy Of Rectification In Canadian Tax Cases
On December 9, 2016, the Supreme Court of Canada released two much-awaited decisions in Fairmont1 and in PJC2 that clarified the scope of the remedy of rectification in Canada...
Canada
20 Dec 2016
14
Cash Collateral For Derivative Arrangements – Impact Of Proposed Amendments To PPSA
The Ontario Personal Property Security Act (PPSA) currently does not allow cash collateral to be perfected by "control."
Canada
1 Dec 2016
15
Court Of Appeal For Ontario Clarifies Appropriate Date For Assessment Of Damages For Breach Of Contract
In its recent decision in Rougemount Capital Inc. v. Computer Associates International Inc., 2016 ONCA 847, the Court of Appeal for Ontario helpfully clarified that, absent special circumstances...
Canada
29 Nov 2016
16
Essar Steel Algoma Inc. (Re): Determining Appeal Procedure In CCAA Proceeding
Justice David Brown of the Ontario Court of Appeal held that the ambit of orders "made under" the Companies' Creditors Arrangement Act, and thus requiring leave to be appealed, is broad.
Canada
17 Aug 2016
17
Three Ontario Court Of Appeal Decisions Hold Standard Form Insurance Contracts Are To Be Reviewed On Correctness Standard
Contract law was forever changed in Canada as a result of the Supreme Court's 2014 decision in Sattva Capital Corp. v. Creston Moly Corp.
Canada
6 Jun 2016
18
Non-Arbitrable Claims Appropriate For Class Certification
In the ongoing saga of Seidel v Telus Communications Inc., the BC Supreme Court was asked to certify the few claims that survived the enforceable mandatory arbitration clause, and it certified those claims in 2016 BCSC 114.
Canada
21 Mar 2016
19
OSPCA v. Sovereign General Insurance: Ontario Court Of Appeal Holds That Interpretation Of Insurance Contract Raises Questions Of Mixed Fact And Law
As we have previously discussed, the 2014 Supreme Court of Canada decision in Sattva Capital Corp. v. Creston Moly Corp. held that contractual interpretation is a question of mixed fact and law...
Canada
27 Nov 2015
20
Arbitration Clauses: The Impact On Class Actions In Canada And The United States
Over the past few years, courts in Canada and the United States have been engaged in this dialogue through cases involving consumer contracts.
Canada
13 Nov 2015
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