September 15, 2017The 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.
June 16, 2017Whether you (the client/customer) have an obligation to pay when a contract has been terminated depends on the reason for termination, the timing of the termination, which party terminated the contract, and the terms of the contract. Mostly, it depends on what the contract says!
June 02, 2017Termination of Agreement Effective Even though Payments not Enforced. See this instant case of Anne of Green Gables Licensing Authority Inc. v. Avonlea Traditions Inc. 2000 CanLII 22663 (ON SC).
June 01, 2017Termination of Agreement does not Require Consent of Both Parties. See instant case of Contech Enterprises Ltd. v. Vegherb, LLC 2015 BCCA 99 (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, 2017If a termination clause is clearly worded and its meaning is clear and enforceable, the courts will likely apply the parol evidence rule with the result that a party whose contract is terminated will be unlikely to be able to establish that the termination clause was modified by a collateral contract.
April 27, 2017This article posted on our partner site Mondaq.com states that the Labour Court in Belgium rejected evidence obtained unlawfully by an employer.
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.
January 13, 2017When signing a non-disclosure agreement, the benefits of including a term clause (i.e., end of the contractual obligations) depend on whether you are more likely to be disclosing or receiving confidential information.
December 23, 2016Breakfast is the most important meal of the day, but you’ve probably never heard of your morning bowl of cereal 'serving up bigotry at your breakfast table'.
January 07, 2016Businesses today have become increasingly reliant on software as a service (SAAS) provided by other corporations. What happens if the SAAS contract is suddenly terminated or not renewed?
September 22, 2015This article discusses the importance of negotiating strict termination clauses in an Executive Employment Agreement when an Owner becomes an Employee.
August 29, 2015Netflix has decided to clamp down on those who use a VPN. A VPN is a virtual private network that many people use to avoid geographic restrictions for the content Netflix provides.
August 27, 2015When drafting a distribution agreement, the parties should ensure that each party has the right to terminate the agreement under certain circumstances.
August 11, 2015Independent legal advice is important when entering into a consulting agreement, and equally important when determining whether the agreement can be terminated. This is illustrated in a case dated 2008 when Ceylon Electricity Board (CEB) awarded a consulting contract for its proposed head office, following government procedure.
July 06, 2015This article discusses the UFADAA, a model US statute that aims to make online websites require confirmation by the account holder that they agree to limit their digital assets in accordance with the user agreement.
March 12, 2014This article posted on our partner site Mondaq.com discusses how time restrictions for sale, approval mechanism, allocation of risk among other things, are considerations for the entry and exit of new joint venture members.
November 20, 2013This article posted on our partner site Mondaq.com talks about recent cases to illustrate the potential conflicts that can result from an uncertain termination date.
July 30, 2013This article posted on our partner site Mondaq.com cautions against hasty termination of employees and briefly sets out guidelines to minimize the risk of wrongful dismissal.
July 04, 2013This article posted on our partner site Mondaq.com discusses a recent decision by the BC Supreme Court. The author explains that the decision indicates that Courts are prepared to treat policy breaches very seriously.
May 30, 2013This article posted on our partner site Mondaq denotes the significance of an Ontario Superior Court decision regarding the non-exclusive nature of a Consulting Agreement
December 11, 2012This article posted on our partner site Mondaq discusses whether a Physician Employment Agreement can be terminated without cause or litigation.
July 17, 2012This article posted on our partner site Mondaq.com looks at case law to discuss how employers should be wary of the liability that can come with terminating older and/or long-term employees.
May 07, 2009This article posted on our partner site Mondaq.com posits that amendments to contractor agreements are rarely, if ever, made for the benefit of the contractor. As such, it is imperative for contractors to remain vigilant regarding seemingly innocuous amendments.