Continuing breach results in rolling limitation period
Each and every day that a party remains in breach of a continuing obligation in a contract, a new cause of action and corresponding limitation period arises, the Court of Appeal recently held. In Pickering Square Inc. v. Trillium College Inc., Trillium was a tenant at a shopping centre owned by Pickering Square. As part of the long-term lease it had entered into with Pickering Square, Trillium had agreed to operate its school continuously on the premises. Trillium breached this covenant, as well as other obligations under the lease. Pickering Square commenced an action for damages. Trillium brought a summary ... [more] Full article
Shotgun Clause Robs Shareholders of $750k
The BC Court of Appeal has upheld an arbitrator’s finding that triggering a shotgun clause terminated the selling parties’ interest in a joint venture, thereby eliminating their entitlement to an ... [more] Full article
It’s no lie: Supreme Court recognizes contractual duty of good faith
The Supreme Court of Canada’s decision in Bhasin v. Hrynew significantly evolves the common law of contract by recognizing a general common law duty of good faith contractual performance, and ... [more] Full article
Crane Rental Operater Hoisted by Restrictive Covenants
Non-compete and non-solicit clauses are presumptively valid when connected to an agreement for purchase and sale of a business, the Supreme Court confirmed recently. While such sales may also give ... [more] Full article