In the eye of a hurricane, there are quietly unexercised stock options

September 15, 2017

The case of Hibberd v. Hurricane Hydrocarbons Ltd involved various issues regarding many stock options that were not exercised that were part of a consultant contract.

In the absence of a governing law clause, what constitutes a 'substantial connection' when deciding what law will govern a contract?

June 01, 2017

Substantial Connection Test Applies if Contract does not Contain a Governing Law Clause. See Lilydale Cooperative Limited v. Meyn Canada Inc. 2015 ONCA 281 (CanLII).

In the absence of a governing law clause, what should be taken into consideration when deciding what law will govern a contract?

June 01, 2017

In determining what law should apply to a contract when the contract does not specifically state the applicable law, the courts will conduct an inquiry to ascertain the implied intention of the parties. See instant case of New Holland (Canada) Credit Company v. MacPherson 2003 CanLII 23201 (ON SC).