The Litigator

THE LITIGATOR

Commentary on Law Affecting Business

The Litigator
AGM :: Affleck Greene McMurtry LLP

THE LITIGATOR

Affleck Greene McMurtry LLP
365 Bay Street, Suite 200  ·  Toronto, Canada
416 360 2800  ·  info@agmlawyers.com  ·  www.thelitigator.ca

Commercial Litigation


 

Crystal Clear Contracting: The Supreme Court clarifies the law of pre and post-incorporation contracts

This past Friday the Supreme Court of Canada released a rare decision touching upon a commercial contractual dispute. The decision, Owners, Strata Plan LMS 3905 v. Crystal Square Parking Corp. ... [more] Full article

Competition Law Review – May 2009

Contributors: Michael Osborne, Sonny Ingram, Sandra Monardo, Michelle Booth, Adam Wygodny, and Donna Wilson. Top stories Canada’s new competition law Budget 2009 includes the most significant amendments to the Competition Act in a generation: • A new “per se” conspiracy offence makes it illegal for competitors or potential competitors to fix prices, allocate markets, or control production of a product, even if there is no effect on competition...and more... [more] Full article

Bank cannot take advantage of mistake, court rules

Court clarifies doctrines of unilateral and mutual mistake

The Ontario Court of Appeal recently clarified the difference between mutual and unilateral contractual mistake in the case of Royal Bank of Canada v. El-Bris Limited. Laskin J.A., writing for the court, explained that the four prerequisites set out by the Supreme Court of Canada in Performance Industries Ltd. v. Sylvan Lake Golf & Tennis Club only apply to cases of unilateral, not mutual, contractual mistake. [more] Full article

Private applicants flock to Tribunal

What do hockey, chickens, and airlines have in common? They have all been the subject of recent private applications in the Competition Tribunal. On April 11, the Tribunal refused leave ... [more] Full article