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Canada Contract Terms Contract Negotiations

Bennett Jones LLP

Material Adverse Effects: Insights from the High Court of Justice

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Uncertainty caused by macroeconomic risks such as the COVID-19 pandemic, severe weather events and geopolitical tensions has given rise to increased judicial consideration of contractual terms apportioning risk in the...more

Stikeman Elliott LLP

Recent Québec Court of Appeal Decision Highlights the Importance of Clear Drafting for Earnouts

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Ambiguous drafting of earnout provisions in M&A agreements is a perennial source of post-closing disputes. What may have seemed clear to parties in the heat of negotiations can often become less so as time passes,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Ontario Superior Court of Justice Refuses to Apply Waksdale for Negotiated Employment Agreement

In Rahman v Cannon Design Architecture Inc., the Ontario Superior Court of Justice upheld termination provisions that appeared to be in violation of the minimum standards prescribed by the Employment Standards Act, 2000...more

Bennett Jones LLP

B.C. Court of Appeal Decision Reminds Parties to Contracts to Read Before Signing

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Written contracts are an essential tool in confirming the terms of an agreement between two parties following an apparently successful negotiation. Yet too often parties treat such agreements as mere formalities, signing them...more

Blake, Cassels & Graydon LLP

Managing and Drafting Contracts in the COVID-19 Era

As the COVID-19 pandemic continues to intensify, businesses can expect ongoing disruption to key contractual relationships for a variety of reasons, including government-imposed restrictions on their activities, temporary...more

Bennett Jones LLP

British Columbia Court of Appeal Reforms Fresh Consideration Principles

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In a recent decision, Rosas v Toca, 2018 BCCA 191 [Rosas], the British Columbia Court of Appeal turned sharply away from traditional contract law principles by holding that parties may modify a contract without providing...more

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