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Blog Bite: Can employees pursue human rights claims despite a signed release?

This article posted to our partner site Mondaq.com discusses a decision by the Alberta Human Rights Tribunal in Hutton v ARC Business Solutions Inc, a case which addressed whether an employee can ...

Blog Bite: When can franchisors enforce releases in Ontario?

This article posted to our partner site Mondaq.com briefly details the case of Trillium Motor World Ltd. v. General Motors of Canada Limited which concerns the interaction of section 11 of the Art...

Blog Bite: What constitutes a full and final release?

This article posted to our partner site Mondaq.com provides a general overview of full and final releases, distinguishing between two types: subrogated and direct releases. It also discusses when ...

Blog Bite: How can a release agreement help me when leasing property?

This article posted to our partner site Mondaq.com situates the use of the mutual release agreement within the context of insurance and risk. For example, if a landlord is obligated to insure a re...

Blog Bite: Do I need to anticipate every claim that could arise when contemplating a release agreement?

This article posted to our partner site Mondaq.com discusses the decision of the Ontario Court of Appeal in Biancaniello v. DMCT LLP. The decision sets out five basic principles to consider when d...

Blog Bite: Can a franchisor enforce a release agreement in Ontario?

This article posted to our partner site Mondaq.com examines the Ontario case of Dodd v. Prime Restaurants of Canada, in which one issue was whether a signed release between a franchisor and franch...

Blog Bite: What should I avoid when negotiating my release agreement?

This article posted to our partner site Mondaq.com describes two Nova Scotia cases in which parties who thought they had agreed on a settlement and release (in principle), ended up in court to fig...

Blog Bite: When can franchisors enforce releases in British Columbia?

This article posted to our partner site Mondaq.com discusses a BC Supreme Court decision that a Mutual Cancellation and Release Agreement signed by a Dairy Queen franchisee was effective to bar co...

Blog Bite: When is a release full and final?

This article posted to our partner site Mondaq.com deals with the question of whether a release that covered ‘all claims arising out of the services provided’, but which did not expressly refe...

Distinct actions or representations are required in order to waive the strict language of a contract

Discussion: A party can waive the strict language of a contract where, by its actions or representations, it leads the other to believe that those contractual rights will not be enforced. In Tas-Mari ...

Gramma Might Need a Prenup Too

This article considers the not uncommon situation where a senior falls in love with another senior and decides to marry. Both spouses have accumulated assets and have children. One or both may have di...

Is a Waiver a Good Strategy to Protect a Family Business from Marital Breakup?

If a spouse operates or owns a family business, one strategy to protect that business would be to enter into a marriage contract that contains a waiver by the non-owner spouse of the owner spouse’s ...

Marriage Contracts and Child Support

Parties to a marriage contract cannot waive their obligations to provide support for their own children. However, if your spouse has brought children from a previous relationship into the marriage, yo...

Was the Marriage Contract Signed under Duress?

The article discusses the high profile case of McCain v. McCain (currently on appeal to the ONCA). After 15 years of marriage, the spouses entered into a marriage contract under which the wife waived ...

How to Increase the Likelihood that Releases and Waivers in Marriage Contracts will be Enforceable

Marriage contracts and prenuptial agreements may have full release and waiver clauses embedded but they may not be enforceable. Section 33(4) of the Family Law Act in Ontario provides that a court may...
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