The June 20, 2018 Court of Queen’s Bench of Alberta decision in Dow Chemical Canada ULC v. NOVA Chemicals Corporation, 2018 ABQB 482, caused headlines as a result of the more than $1.3 billion damages award. The decision should also cause some reflection to operators on their duties to facility co-owners, even where the operating agreement excludes a fiduciary duty.
Dow ...
The recent decision of the British Columbia Court of Appeal in Chriscan Enterprises Ltd. v. St. Pierre, 2016 BCCA 442, reminds those who elect to resolve their business disputes through arbitration that decisions of the arbitrator, even those touching on the fairness of procedures, will generally be final and not subject to review by the courts. As the Court noted, 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 ...
Frequent readers of this blog will recall a post from September of this year where we wrote about an interesting case from the B.C. Supreme Court in which a defaulter under a purchase and sale agreement involving certain real property was able to avoid a claim for damages. The court had found that the vendor did not properly mitigate her damages thereby relieving the defaulting ...
Imagine being faced with attempting to sell a piece of real estate in a soft market. You eventually obtain the price you are willing to accept and therefore you enter into a binding contract. Unfortunately, the deal does not close because the purchaser is either not able to secure financing or is delayed in obtaining financing (perhaps because the banks are worried about the ...
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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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