April 11, 2018This article posted to our partner site Mondaq.com discusses a decision by the Alberta Human Rights Tribunal in Hutton v ARC Business Solutions Inc, a case which addressed whether an employee can still pursue a human rights claim arising from her termination despite signing a full and final release.
April 11, 2018This article posted to our partner site Mondaq.com briefly details the case of Trillium Motor World Ltd. v. General Motors of Canada Limited which concerns the interaction of section 11 of the Arthur Wishart Act (AWA) with release agreements between a franchisor and franchisee.
April 11, 2018This article posted to our partner site Mondaq.com provides a general overview of full and final releases, distinguishing between two types: subrogated and direct releases.
April 11, 2018This article posted to our partner site Mondaq.com situates the use of the mutual release agreement within the context of insurance and risk.
April 11, 2018This article posted to our partner site Mondaq.com examines the Ontario case of Dodd v. Prime Restaurants of Canada, in which one issue was whether a signed release between a franchisor and franchisee was unconscionable and violated section 11 of the Arthur Wishart Act.
April 11, 2018This article posted to our partner site Mondaq.com describes two Nova Scotia cases in which parties who thought they had agreed on a settlement and release (in principle), ended up in court to fight over the actual terms of the release.
April 11, 2018This article posted to our partner site Mondaq.com discusses a BC Supreme Court decision that a Mutual Cancellation and Release Agreement signed by a Dairy Queen franchisee was effective to bar coun terclaims against Dairy Queen.
April 11, 2018This article posted to our partner site Mondaq.com deals with the question of whether a release that covered ‘all claims arising out of the services provided’, but which did not expressly refer to unknown or unforeseeable claims, nevertheless covered unknown or unforeseeable claims arising out of the services provided.
October 26, 2016A party can waive the strict language of a contract where, by its actions or representations, it leads the other to believe that those contractual rights will not be enforced.
October 14, 2015If a spouse operates or owns a family business, one strategy to protect that business would be to enter into a marriage contract that contains a waiver by the non-owner spouse of the owner spouse’s interest in the business.
October 04, 2015The article discusses the high profile case of McCain v. McCain (currently on appeal to the ONCA). After 15 years of marriage, the spouses entered into a marriage contract under which the wife waived her equalization and support rights..