Articles 2020

Restrictive covenants, such as non-compete and non-solicitation clauses, are a common feature of franchise agreements - but how far does the scope of enforcement extend? Despite tenets of privity, Courts have demonstrated a willingness to bind non-contracting third parties in certain franchising contexts. This article discusses the evolution of judicial consideration, and examines a recent B.C. Court of Appeal decision providing welcomed guidance on these issues.

In Human Concern International v Canada, 2022 FCA 41, the Federal Court of Appeal (FCA) dismissed an appeal by Human Concern to postpone the one-year suspension of its receipting privileges.

In a rare decision, the Federal Court of Canada found a party in contempt of court for breaching the terms of two previous judgments concerning copyright infringement, resulting in a severe fine and imprisonment of a director of the infringing. It serves as a reminder that courts take intellectual property protection seriously and will impose liability on both infringing corporations and on their directors when necessary and appropriate.

A decision from the Ontario Superior Court of Justice emphasized that a tax-exempt organization that receives a gift from an individual’s estate cannot spend the funds as it wishes. Rather, funds must be used according to the terms of use set out in the will. The court, in its January 31, 2022 unreported decision of County of Bruce v Office of the Public Guardian and Trustee, ultimately concluded that the funds from the estate were misused and that there had been a breach of trust.

Exploring the decision in Gladue and its applicability to Section 7 of the Charter.

Discussing the recent and forthcoming measures on modern slavery in Canada, including: the impact of the Canadian-United States-Mexico Agreement (“CUSMA”); Prime Minister Justin Trudeau’s mandate letter to Canada’s Minister of Labour; and the development and status of Canada’s modern slavery legislation.

An overview of cyber risks faced by Canadian businesses as a result of the Russian invasion of Ukraine.

Pre-existing offers, contracts and settlements can increase parties' expectations, often to unreasonable or unrealistic levels, leading to a ratcheting effect that can reset a market or scupper a negotiation. In this article, Matthew Gordon looks at the ways a properly assessed market sample, in the context of parties' realities and emotions, can contribute to a productive resolution of a difficult dispute.