Marko Vesely was recently interviewed by Financier Worldwide for its Commercial Arbitration Annual Review. This review examines issues and developments in commercial arbitration around the world. In the interview, Marko provides the Canadian perspective, outlining some of the key benefits of arbitration, recent changes to arbitration legislation and the practical ...
On January 31, 2014, the Supreme Court of Canada released its decision in A.I. Enterprises Ltd. v. Bram Enterprises Ltd., 2014 SCC 12. This is an important commercial decision as it clarifies and narrows the scope of the tort of unlawful interference in economic relations. Canadian businesses will also welcome the Court's reference to commercial certainty as one of the ...
Unlike the United States, Canada does not have a national securities regulator. In Canada, each province regulates securities through its own securities commission. One of the means of harmonizing securities regulation across the country is a provision in the securities legislation of each province that empowers its regulator to make an order (often referred to as a ...
In a highly-anticipated and extremely significant pair of decisions for businesses and consumers alike, the Supreme Court of Canada (“SCC”) ruled on Thursday (October 31, 2013) that the ultimate consumers at the end of a supply chain can effectively leap-frog the supply chain by having direct legal recourse in a class action against a manufacturer who illegally ...
What happens if you lease a commercial retail space only to find, after several months of operation, that there is a pervasive and unpleasant smell in the place? Customers are complaining. Your employees are feeling ill. Your inventory might be getting damaged. The source of the smell cannot be found. Is this your problem or the landlord’s? Can you get out from under the ...
Frequently, sales contracts contain exclusion clauses that insulate a seller from responsibility for the condition of the goods being sold. The buyer gets a product they think is of a certain quality and, when they find out it is not, these clauses prevent any recourse against the seller. However, if the purchaser can establish that the nature of the defect was serious or that ...
Landlords, tenants and law students all wrestle over what it means for something to be a fixture as opposed to a chattel. It matters to landlords because, at the end of a tenancy, fixtures can become their property and enhance the land value. It matters to tenants because they risk losing valuable assets installed on the premises as part of their business. It matters to law ...
What is an illegal contract and is it enforceable? If an illegal contract is unenforceable, does the party who received its benefit get to keep that windfall? The short answer to the first question is that a contract is illegal when it is either contrary to a statute or is contrary to public policy. Generally, illegal contracts are not enforceable. The answer to the second ...
On Monday October 29, 2012 the B.C. Property Assessment Appeal Board released an important decision reducing the assessed value for property tax of the upland land and improvements at the Horseshoe Bay Ferry Terminal to a nominal value. BC Ferries occupies the Province-owned property both under a long-term lease restricting the property use to ferry terminal, and under a ...
In general, corporate legislation in Canada provides that if a corporation engages in specific types of transactions, such as an arrangement or amalgamation, shareholders are entitled to vote against the transaction. If the transaction is nevertheless approved, shareholders can then exercise a right to dissent and be paid fair value for their shares.
Last month, I ...
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This blog is authored by members of the Litigation and Dispute Resolution Department. We follow new and interesting issues emerging in the legal and business communities. The wide range of experience among the members of our litigation group will provide a diverse and insightful examination of current legal trends and topics. Our goal is to provide a source of valuable information and insight on a wide variety of matters for our readers.
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