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Who is responsible for payments if a contract is terminated?

Whether you (the client/customer) have an obligation to pay when a contract has been terminated depends on the reason for termination, the timing of the termination, which party terminated...

Can arrears that were never pursued during an agreement still be sought after its termination?

TERMINATION OF AGREEMENT EFFECTIVE EVEN THOUGH PAYMENTS NOT ENFORCED Anne of Green Gables Licensing Authority Inc. v. Avonlea Traditions Inc. 2000 CanLII 22663 (ON SC) The plaintiff/licensors in...

Are there any circumstances under which termination of an agreement require the consent of both parties, if at all?

TERMINATION OF AGREEMENT DOES NOT REQUIRE CONSENT OF BOTH PARTIES Contech Enterprises Ltd. v. Vegherb, LLC 2015 BCCA 99 (CanLII) The court held on appeal that the consent of both parties was not...

Does dispute resolution take precedence over a party’s right to unilaterally terminate a commercial contract?

DISPUTE RESOLUTION PROVISION DEEMED TO APPLY AS A MATTER OF ‘SOUND COMMERCIAL PRINCIPLE’ AND ‘GOOD BUSINESS SENSE’ Bombardier Transportation Canada Inc. v Metrolinx 2017 ONSC 2372 (CanLII) ...

Can a party forgo the process of arbitration when it is written into an agreement?

EXCLUSIONS FROM ARBITRATION PROCESS MUST BE CLEARLY STATED IN THE CONTRACT Okanagan Pellet Company Inc. v. Pinnacle Pellet Inc. 2012 BCSC 207 (CanLII) A court held that when the parties have cle...

What should a termination clause look like to qualify for use of the parol evidence rule?

A CLEARLY WORDED TERMINATION CLAUSE IS LIKELY TO BE ENFORCEABLE Crowe v. Saskatchewan Indian Gaming Authority Inc. 2006 SKQB 27 (CanLII) If a termination clause is clearly worded and its meaning...

Blog Bite: Can an employee be terminated for just cause if it was found on the basis of unlawfully obtained evidence?

This article posted on our partner site Mondaq.com states that the Labour Court in Belgium rejected evidence obtained unlawfully by an employer. As a result, the Court ruled that the employer could ...

Legal Tips and Tricks: Deal Negotiations Using an LOI/MOU

  Often, companies will try to secure a Letter of Intent or Memorandum of Understanding (“LOI/MOU”; the two expressions are used interchangeably) from a potential contracting counter...

What is the maximum term of an NDA if it is not mentioned in the contract?

Casey Marshall / Flickr  When signing a non-disclosure agreement, the benefits of including a term clause (i.e., end of the contractual obligations) depend on whether you are more likely to be...

Breitbart vs. Kellogg’s: When business gets politicized, terms get forgotten

Breakfast is the most important meal of the day, but you’ve probably never heard of your morning bowl of cereal “serving up bigotry at your breakfast table.” That’s what conservative news sour...

eBay? More like e-Bye! Court rejects unilateral termination of a $98K shoe sale

  Source Look at that pair of shoes. That is a nice pair of shoes. So nice, in fact, that while they retail for around $180, they end up reselling at twice that. There’s appare...

Blog Bite: How can education employment contracts be terminated in the UAE?

This article posted on our partner site Mondaq.com discusses the complexity in terminating education employment contracts in the UAE. Various governing laws and regulations and the contractual terms...

Survival Gear: Making the Confidentiality Clause a ‘Survivor’ of the Employment Contract

The Jungle For most of us, the toughest ‘jungle’ we will have to learn to survive in is the world of employment. Most of us will not win a $1 million prize by being crowned the Sole Survivor on...

‘Sole Discretion’ Contract Renewal

Businesses today have become increasingly reliant on software as a service (SAAS) provided by other corporations. What happens if the SAAS contract is suddenly terminated or not renewed? In Dat...

Employee Stock Ownership Plan Characteristics

If you’re trying to decide between compensation strategies, “cash is king”.  However, for both early stage companies where cash may not be readily available, and also to later stage companies i...

Going From an Owner to an Employee in the Sale of a Business

In the sale of a business, sometimes the previous owners (the “ex-owner”) are asked by the purchasers to stay with the company for a fixed time period to help transition existing clients or custom...

When Drafting a Terms of Use: Identify All Actions that will Result in an Immediate Termination of the Terms

Drafters may want to insert prohibited actions that will result in automatic termination or restriction of service. Users may want to familiarize themselves with these provisions in order to avoid ina...

Netflix Terms of Use Threatens to Terminate Accounts Using VPN

This article is about Netflix Terms of Use Agreements. Netflix has decided to clamp down on those who use a VPN. A VPN is a virtual private network that many people use to avoid geographic restriction...

Termination Clauses in Distribution Agreements

When drafting a distribution agreement, the parties should ensure that each party has the right to terminate the agreement under certain circumstances. These may be broad and general in nature such as...

Not Consulting A Lawyer Can Be a Costly Mistake

In 2008 the Ceylon Electricity Board (CEB) awarded a consulting contract for its proposed head office, following government procedure. In 2010, after the Minister in charge was changed, the new manage...

Non-Transferable Digital Assets and Death: A New Legal Issue

A novel legal issue has arisen: authority over administering the digital assets and accounts of an account holder upon death or disability. This article discusses the UFADAA, a model US statute that a...

Blog Bite: What are the considerations in allowing for a joint venturer to partially or fully exit (i.e., transfer ownership to a third party)?

This article posted on our partner site Mondaq.com discusses how time restrictions for sale, approval mechanism, allocation of risk among other things, are considerations for the entry and exit of n...

Blog Bite: How is the termination date of an employee determined?

This article posted on our partner site Mondaq.com talks about recent cases to illustrate the potential conflicts that can result from an uncertain termination date. The author states that conflict ...

Blog Bite: What can an employer do to manage the risk of wrongful dismissal claims?

This article posted on our partner site Mondaq.com cautions against hasty termination of employees and briefly sets out guidelines to minimize the risk of wrongful dismissal. Chiefly, employers shou...

Blog Bite: Can an employee be terminated for cause because of a single breach of a company’s privacy policy?

This article posted on our partner site Mondaq.com discusses a recent decision by the BC Supreme Court. The author explains that the decision indicates that Courts are prepared to treat policy breac...
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