Cross-Border & Canadian Business Blog
Exploring cross-border business opportunities and trends.
In the legal world, mutual respect between counsel and adherence to professional standards are not just niceties – they are the cornerstone of a functional and effective justice system. A recent case, Singh v Braich, provides a stark reminder that lawyers have a professional responsibility to be courteous, particularly in interactions with junior colleagues, and …
Continue reading “Bullying and Legal Ethics: A Warning from Singh v Braich”
In a recent decision, the Ontario Court of Appeal again held that an entire agreement clause in a contract is not a complete defence to claims involving pre-contractual misrepresentation claims. This decision comes on the heels of 10443204 Canada Inc. v. 2701835 Ontario Inc., 2022 ONCA 745, where the Court of Appeal ruled that an entire …
An entire agreement clause clarifies that the document in which it appears (and any other documents specified) constitutes the whole agreement between the parties. This helps ensure contractual certainty: the parties know that the deal is confined to the four corners of the document. Generally, when a contract contains an “entire agreement” clause, a party …
With social media, the number of defamation cases has increased. What is defamation? In a nutshell, it means that someone has written something about you that jeopardizes your reputation. Take the following example: “The restaurant at “X” is terrible, and I encountered food poisoning last time I was there”. Suppose the owner of the restaurant …
In today’s day and age, data breaches are common. Digital extortionists will use sophisticated techniques to obtain confidential and private information of millions of individuals from well-known platforms like Yahoo and Shopify. If you are a victim of such an attack, the question becomes: what damages are you entitled to? Unfortunately, a recent decision by …
The date a limitation period begins depends on when the claim was discovered. The recent decision of the Ontario Court of Appeal in Kaynes v. BP, PLC clarifies the law of discoverability under the Limitations Act, 2002, S.O. 2002, c. 24 (the “Act”) concerning claims for fraudulent misrepresentation. Overview The defendant, BP PLC (“BP”), is …
Continue reading “Discoverability and Fraudulent Misrepresentation”
Security For Costs Explained As discussed in Volume 1, Number 4, an unsuccessful party at trial is generally required to pay 60 percent of the successful party’s legal fees. Thus, if the successful party incurred costs of $100,000, the unsuccessful party is responsible to pay the successful party $60,000, in addition to paying his own …
Given the ongoing pandemic, many purchasers are unable to pay their vendors for products they received. Many vendors have tried their best to accommodate these purchasers by delaying payment dates or entering into payment plans. But what happens if the purchaser never pays? How much time does the vendor have to sue the purchaser for …
In my previous blog (Volume 1, Number 2), I discussed the importance of reading contracts before signing them. As a refresher, if you sign a contract, you are generally bound by the terms of the contract even if you had not read the terms of the contract before you signed it. While this advice is …