June 01, 2017Consumer Protection Legislation does not Necessarily Relieve an Assignor from the Obligation to Honour a Guarantee to Pay an Assignee. See instant case of C.L. Hagan Transportation Ltd. v. Canadian Acceptance Corp. [1974] SCR 491, 1973 CanLII 151 (SCC).
December 01, 2016This article posted on our partner site Mondaq.com looks at case law to show how in some instances indemnification can be argued as a party waiving its right to limit its liability.
May 20, 2016This article posted on our partner site Mondaq.com discusses the significance of two immunity provisions that apply to whistleblowers contained in new federal law (the Defend Trade Secrets Act).
August 20, 2015This article posted on our partner site Mondaq.com looks at how limitation of liability is negotiated against indemnity through measures like caps, time periods, and using qualifying language in the agreement.
August 20, 2015Distributing an app in the Google or Apple app stores? It would be wise to carefully review distribution agreements that come along with these two stores.
July 07, 2015Indemnities originated in the construction industry where contractors had complete control of the job site, and owners required them to be responsible for any site-related problems that arose.
June 25, 2015When drafting an indemnity clause in an asset purchase agreement, parties may wish to limit the time period in which the indemnity clause is to be effective.
December 11, 2013This article posted on our partner site Mondaq.com illustrates why indemnification clauses should not be considered boilerplate, and why they should be reviewed frequently.
June 14, 2011This article posted on our partner site Mondaq.com points out that the language of indemnity (maximizing damages received) is at odds with that of limitation of liability (minimizing damages given), so they should be considered in conjunction.