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26 Aug

Court finds 500% “penalty” clause enforceable

Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract

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In the law of contracts, a penalty is the payment of a stipulated sum on the breach of the contract, irrespective of the damage sustained. In general, where the penalty is...

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26 Jul

Facility operator dodges damages award because patron waived liability

Monday, July 26, 2021Stephen A. ThieleLitigationSports Law, Contract Law, Waiver of Liability

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Participating in sports is an activity that is encouraged by many. For example, parents enrol their children in a variety of winter and summer sports so that the children can meet and interact... 

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9 Apr

County Festival Feud: Plaintiff fails to prove verbal agreement or bad faith against festival organizers and municipality

Friday, April 9, 2021James R.G. CookLitigationOntario Limitations Act, Powassan, Municipal Act, Contract Law

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The annual “Smoke ‘N’ Spurs Festival” on the Labour Day Weekend in Powassan, Ontario, commenced in 2013. A caterer for the Festival from 2013-2015, claimed that he was lured away...

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28 Mar

Court dismisses non-competition injunction against former key employee

Sunday, March 28, 2021James R.G. CookLitigation, Employment LawEmployee, Employer, Contract Law, Restrictive Covenant, Non-Compete

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When relationships end between a business and an individual who was a principal thereof, the business may be understandably concerned about competitive ventures it may face from its...

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26 Mar

Federal Conservative Party Member Wins Pyrrhic Court Victory: Loses in Party Election

Friday, March 26, 2021Stephen A. ThieleLitigationPolitical Law, Contract Law, Contractual Rights, Political Parties, Membership

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I preface this political law blog with the full disclosure that although I am involved in party politics, I am not a member of any federal political party in Canada...

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8 Jan

Freelance Consultants Not Bound by Non-Competition Agreement

Friday, January 8, 2021James R.G. CookLitigation, Employment LawCivil Procedure, Trial Procedure, Non-Compete, Contract Law

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Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...

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23 Dec

Viewing the Supreme Court of Canada’s decision in Callow through a compliance lens

Wednesday, December 23, 2020James R.G. Cook, Kenneth Jull, Jonathan James Nehmetallah, Ian SpiegelLitigationContract Law, Supreme Court of Canada, Compliance

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The Supreme Court of Canada released its decision in C.M. Callow Inc. v. Zollinger on December 18, 2020. This decision is ground-breaking in the world of contracts, and can...

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2 Sep

Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home

Wednesday, September 2, 2020James R.G. CookLitigation, Real EstateAgreement of Purchase and Sale, Contract Law, Damages

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The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...

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31 Aug

Unconscionability in Real Estate Transactions Post-Uber

Monday, August 31, 2020James R.G. CookLitigation, Real EstateIrrevocability Clause, Contract Law, Toronto

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In Forest Hill Homes (Cornell Rouge) Limited v. Wei2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...

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2 Apr

Frustration and Pandemic - A Long Term Perspective on COVID-19 and Frustration of Contracts

Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCOVID-19, Compliance, Frustration, Force Majeure, Contract Law

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In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...

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