The Litigator
Commentary on Law Affecting Business
The Litigator
AGM :: Affleck Greene McMurtry LLP
THE LITIGATOR
Affleck Greene McMurtry LLP
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Disputes over Contracts


 

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

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

Competition Law Year in Review 2007

Contributors: Michael Osborne , Jennifer Cantwell, Sandra Monardo, Michelle Booth, Sonny Ingram, Hooman Zardarzadeh TOP STORIES Ice storm Ice supplier Arctic Glacier Inc. tried to crush its fledgling competitor, Polar Ice Express Inc. by unlawfully interfering with its economic relations, an Alberta court found... [more] Full article

Foreign litigants beware

A single piece of paper can force you to litigate a foreign-based action in Ontario

A Notice of Intent to Defend is the shortest of the pleadings that may be filed in an Ontario action and, in most cases, is of little consequence. Comprised of ... [more] Full article