Articles

The Supreme Court of Canada has held that the common law imposes a duty on parties to a contract to perform their obligations honestly.

In September 2014, the Supreme Court of Canada issued a trilogy of decisions involving the application of Quebec’s Consumer Protection Act fee disclosure rules to credit card agreements.

KBA Canada Inc. v. 3S Printers Inc., Coast Mountain Aviation Inc. v. M. Brooks Enterprises Ltd., CFI Trust v. Royal Bank of Canada, Lemare Lake Logging Ltd. v. 3L Cattle Co., Royal Bank of Canada v. Atlas Block Co. Limited, GMAC Leaseco Corp. v. Jaroszynski, Wells Fargo, N.A. v. Best Theratronics Ltd.

Article written by Hovsep Afarian of McCarthy's Legal Opinion Group deals with determining the date from which the limitation period begins to run in a contract case based upon anticipatory breach.

CFI Trust v. Royal Bank of Canada 2013 BCSC 1715 clarifies claims against financial institutions and defences under the Personal Property and Security Act.

In Jetivia SA & Anor v Bilta (UK) Ltd & Ors, the England and Wales Court of Appeal confirmed and clarified the circumstances in which a director’s knowledge of fraudulent conduct will be attributed to the company.

The recent Ontario Securities progress report on its ongoing exempt market review indicates the OSC is likely to implement four new prospectus exemptions, including a ‘crowdfunding’ exemption.

This article examines the principles that apply to the enforceability of restrictions agreed to in the sale of a business.

Some would call it evolution: others, revolution. Semantic flourishes aside, financial technologies are increasingly in the foreground as drivers of product differentiation and proliferation in the asset-based financing industry.

Authors Kelleher and D'Souza focus on the Proton decision in the English High Court in raising our consciousness of when email exchanges might be taken to comprise enforceable contracts.