Prima facie all covenants in restraint of trade are illegal and therefore unenforceable. Recently, this pillar of the law of contract has been given a new, albeit off-putting, coat of paint.

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Regulation – Court decisions arising from private litigation under the common law (in Quebec, the Civil Code), and statutory remedies that supplement the common law, are an essential and often overlooked component of the regulation of businesses in Canada.

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A discharged employee cannot recover damages for loss of disability benefits in addition to damages for wrongful dismissal, the Ontario Court of Appeal held in a decision issued on January 10, 2006. Awarding such damages would constitute double recovery, the court said.

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An insured must inform its insurer of any facts that affect its insurability or that an insurer would consider relevant in assessing risk. This duty to disclose such facts exists even in the absence of a specific request for them. An insured may face coverage issues if it breaches this obligation and withholds facts that [...]

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Several companies providing outbound international mail collection services in competition with Canada Post have lost a key legal challenge to Canada Post’s monopoly.

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