July 25, 2019For the first time in the Toronto Raptor’s 24-year journey, the team made history by advancing to the NBA finals. In 1995, the vision of the founding members, John Bitove and Allan Slaight, was to establish a new mark for the city of Toronto by creating an organization with the ultimate goal of winning an NBA championship. In this instant case, their shareholder agreement included a shotgun clause.
June 02, 2017A Quebec court ruled that an action for damages based on a defamation claim fell within the scope of a very broadly worded arbitration clause, because the sources and circumstances of the impugned statements originated from the contract and made reference to its requirements. Note that this was not a consumer contract.
June 01, 2017An Ontario Superior Court decision determined that a dispute resolution provision was not ousted by the 'Notwithstanding anything to the contrary in this Contract' language in a termination provision. See instant case of Bombardier Transportation Canada Inc. v Metrolinx 2017 ONSC 2372 (CanLII).
June 01, 2017An Ontario Superior Court decision determined that a dispute resolution provision was not ousted by the 'Notwithstanding anything to the contrary in this Contract' language in a termination provision. See instant case of Bombardier Transportation Canada Inc. v Metrolinx 2017 ONSC 2372 (CanLII).
June 01, 2017A court held that when the parties have clearly expressed their intention to submit disputes to arbitration, a party cannot opt out of the arbitration clause unless the contract expressly provides for this. See instant case of Okanagan Pellet Company Inc. v. Pinnacle Pellet Inc. 2012 BCSC 207 (CanLII).
June 01, 2017A court held that when the parties have clearly expressed their intention to submit disputes to arbitration, a party cannot opt out of the arbitration clause unless the contract expressly provides for this. See instant case of Okanagan Pellet Company Inc. v. Pinnacle Pellet Inc. 2012 BCSC 207 (CanLII).
June 01, 2017The Supreme Court of Canada upheld the Court of Appeal for Ontario's decision and dismissed an Ontario action on the basis of a governing law clause. See instant case of Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd. (2012 SCC).
June 01, 2017The Supreme Court of Canada upheld the Court of Appeal for Ontario's decision and dismissed an Ontario action on the basis of a governing law clause. See instant case of Momentous.ca Corp. v. Canadian American Association of Professional Baseball Ltd. (2012 SCC).
June 01, 2017The Federal Court of Appeal used the governing law clauses in maritime supply contracts to determine the law governing the contracts, in spite of the fact that maritime liens are extra-contractual rights. See instant case of JPMorgan Chase Bank v. Lanner (The) [2009] 4 FCR 109, 2008 FCA 399 (CanLII).
June 01, 2017In 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).
June 01, 2017In 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).
March 30, 2017Often, companies will try to secure a Letter of Intent or Memorandum of Understanding ("LOI/MOI") from a potential contracting counterparty, for the purpose of outlining the high-level terms of a contractual relationship and to help demonstrate the viability of a project.
March 30, 2017‘Dispute resolution’ refers to the process by which disputes are to be resolved between parties to an agreement. The two basic approaches to resolving disputes are the court system, and mediation/arbitration.
January 09, 2017There are numerous stories that can be found on the internet about people requesting to be reimbursed for coffee or a drink upon being turned down for a second date. While these are light-hearted examples of slightly eccentric dating behaviour, the stories are actually a real-world manifestation of a legal issue—namely, when is a contract valid and enforceable?
August 11, 2016Despite widespread state-supported doping among Russian athletes at the 2014 Sochi Olympics, the International Olympic Committee (IOC) declined to give a blanket ban on Russia’s ability to participate in the 2016 Olympic Games in Rio De Janeiro.
August 07, 2016Thanks to social media, it is not difficult to achieve your claim to fame. However, it also is not difficult to receive unwanted attention or fame.
July 11, 2016Going to court or going to war? For most people, the two words refer to the same thing when it comes to legal disputes. To avoid ‘going to war’, dispute resolution methods such as arbitration are becoming the weapon of choice.
July 11, 2016Going to court or going to war? For most people, the two words refer to the same thing when it comes to legal disputes. To avoid ‘going to war’, dispute resolution methods such as arbitration are becoming the weapon of choice.
September 18, 2015The New American Arbitration Association rules require that parties must try to resolve issues first through a teleconference with an arbitrator.
September 18, 2015The New American Arbitration Association rules require that parties must try to resolve issues first through a teleconference with an arbitrator.
September 16, 2015Multi-tiered dispute resolution clauses may be enforceable if the procedure is certain, mandatory language is used, a clear time limit is provided before arbitration is available and duties to act 'in good faith' to resolve the dispute are in the context of a clause.
September 16, 2015Multi-tiered dispute resolution clauses may be enforceable if the procedure is certain, mandatory language is used, a clear time limit is provided before arbitration is available and duties to act 'in good faith' to resolve the dispute are in the context of a clause.
September 15, 2015If the language of the arbitration clause states that friendly discussions "shall" or "must" take place within a defined time period before a party may give notice of intention to arbitrate, the friendly discussion clause may be enforced as a condition precedent to arbitration.
September 15, 2015If the language of the arbitration clause states that friendly discussions "shall" or "must" take place within a defined time period before a party may give notice of intention to arbitrate, the friendly discussion clause may be enforced as a condition precedent to arbitration.
August 18, 2015A municipality was served with a notice of arbitration disputing the valuation of expropriated land five (5) years after the expropriation, because there was no time limit on the ability to file a notice.
August 18, 2015A municipality was served with a notice of arbitration disputing the valuation of expropriated land five (5) years after the expropriation, because there was no time limit on the ability to file a notice.
August 17, 2015A settlement is beneficial to the defendant in two distinctive ways. It terminates the legal action, and permits the defendant to end the litigation without admitting to any wrongdoing.
August 05, 2015A three step dispute resolution mechanism which moved from informal negotiation to mediation to binding arbitration, was questioned as being prohibitively expensive for a county when compared to the resources of the counterparty corporation.
August 05, 2015A three step dispute resolution mechanism which moved from informal negotiation to mediation to binding arbitration, was questioned as being prohibitively expensive for a county when compared to the resources of the counterparty corporation.
July 25, 2015While international arbitration seeks to aid in the legal predictability and stability of international contracts by providing for the neutral, impartial, centralized and enforceable resolution of disputes arising out of international contracts, parties should always seek to negotiate the forum where they have the best prospect of achieving and enforcing success.
July 25, 2015While international arbitration seeks to aid in the legal predictability and stability of international contracts by providing for the neutral, impartial, centralized and enforceable resolution of disputes arising out of international contracts, parties should always seek to negotiate the forum where they have the best prospect of achieving and enforcing success.
July 05, 2015Parties who choose arbitration to settle disputes under an APA should note that courts have become increasingly reluctant to interfere with arbitration awards if a fair process has been used to arrive at an arbitration decision.
June 27, 2015The LCIA has made changes to its rules which require parties to an LCIA arbitration to require their counsel to comply with rules of conduct.
June 27, 2015The LCIA has made changes to its rules which require parties to an LCIA arbitration to require their counsel to comply with rules of conduct.
June 23, 2015When will a website user be bound by an arbitration clause that is buried in the Terms of Use Agreement? When addressing such questions, courts look to the basic principles of contract formation - the meeting of the minds - to determine whether consent was given to the formation of a contract.
June 23, 2015When will a website user be bound by an arbitration clause that is buried in the Terms of Use Agreement? When addressing such questions, courts look to the basic principles of contract formation - the meeting of the minds - to determine whether consent was given to the formation of a contract.
June 18, 2015A court may stay proceedings brought against a contractor to repay wages paid by the counterparty to subcontractors in accordance with employment legislation, even when the amount payable is not in dispute, if the payments were inextricably interwoven with the dispute.
June 18, 2015A court may stay proceedings brought against a contractor to repay wages paid by the counterparty to subcontractors in accordance with employment legislation, even when the amount payable is not in dispute, if the payments were inextricably interwoven with the dispute.
June 12, 2015A good settlement agreement should clearly define the effect the agreement will have on future and current claims, and whether it applies to all claims between the parties, or only those claims arising out of a particular agreement or set of circumstances.
June 02, 2015The delay of the Government of India in setting prices for natural gas has prompted the contractor group of the D6 block to serve a notice of arbitration over the issue.
June 02, 2015The delay of the Government of India in setting prices for natural gas has prompted the contractor group of the D6 block to serve a notice of arbitration over the issue.
January 05, 2015This article posted on our partner site Mondaq.com discusses the main issue of whether extrinsic evidence should be considered if it contradicts the evidence of the contract.
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.