June 01, 2017The legal remedies available under assignment are not extinguished even if legal action has been taken under a promissory note dealing with the same obligation, so long as the debt continues to exist. See instant case of Rafael v. Allison 1987 CanLII 3232 (AB QB).
June 01, 2017A conditional, incomplete or vague assignment clause will not be enforced by the courts even between a subsidiary and parent company. A parent company that seeks to rely on the assignment of a contract cannot base its legal rights on the informalities that exist between it and the subsidiary. See instant case of KJM Leasing Ltd. v. Toronto-Dominion Bank 1989 CanLII 4646 (SK QB).
October 28, 2015A critical part of a company acquisition is ensuring that the transaction is not missing any of the consents required of the contractual counterparties.
June 13, 2013Although the language appears the same every time you read these clauses, subtle differences can and will make a difference in interpreting your commercial agreement or acquisition transaction documents.
July 25, 2012This article posted on our partner site Mondaq provides practice pointers for employers executing Employee Intellectual Property Assignment Agreements.