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Monday, July 31, 2017 @ 03:24 PM

CARRIERS - Regulation - Tariffs, rates and service charges

Petition by container truck transport companies for judicial review of the validity of the Container Transport Act and Regulations, and interpretations thereof by the British Columbia Container Trucking Commissioner. ... [read more]

Monday, July 31, 2017 @ 01:46 PM

Vincent joins Langlois lawyers' business law group

Kateri Vincent has joined Langlois lawyers as a member of its business law group. ... [read more]

Friday, July 28, 2017 @ 02:43 PM

Updated: Perpetual contracts terminable by just one side enforceable under Quebec civil law: SCC Gascon

The Supreme Court of Canada has ruled that perpetual obligations are enforceable under Quebec civil law in a 6-3 judgment that requires the Quebec pharmacy chain Uniprix to stick to its contract of affiliation entitling a member drug store to unilaterally automatically renew its agreement every five years. ... [read more]

Friday, July 28, 2017 @ 01:03 PM

INTERPRETATION - Conduct of parties - Common intention of parties - Renewal clause

Appeal from a judgment of the Quebec Court of Appeal affirming a decision finding that the renewal clause in the contract binding Uniprix inc. (Uniprix) and Gestion Gosselin et Bérubé inc. and the other respondent companies (member pharmacists) was legal even though its effects could be perpetual. ... [read more]

Thursday, July 27, 2017 @ 08:37 AM

Advising landlords on traps in Ontario’s new Rental Fairness Act Rental fairness

The Residential Tenancies Act, 2006 (RTA) was recently amended by the “Rental Fairness Act, 2017” to address loopholes or abuses by some “small” landlords under the current RTA. ... [read more]

Wednesday, July 26, 2017 @ 02:06 PM

ABORIGINAL LANDS - Aboriginal and treaty rights - Duties of the Crown - Fair dealing and reconciliation - Consultation and accommodation

Appeal by the Chippewas of the Thames First Nation (Chippewas) from a judgment of the Federal Court of Appeal affirming a decision of the National Energy Board (NEB). ... [read more]

Wednesday, July 26, 2017 @ 01:58 PM

ABORIGINAL TREATY RIGHTS - Duties of the Crown - Fair dealing and reconciliation - Consultation and accommodation

Appeal by the Hamlet of Clyde River, the Nammautaq Hunters & Trappers Organization and Natanine, former mayor of Clyde River, from a judgment of the Federal Court of Appeal affirming a decision of the National Energy Board (NEB). ... [read more]

Wednesday, July 26, 2017 @ 12:39 PM

Court denies accused terrorist’s attempts to get security certificate quashed David Stratas

Mohamed Zeki Mahjoub's latest effort to overturn a security certificate denying him entry into Canada because of ties to terrorist organizations has been rejected. ... [read more]

Wednesday, July 26, 2017 @ 09:15 AM

A ‘sandbagging’ clause is a business as well as a legal decision

There are few issues in a private M&A transaction as potentially divisive as the treatment of “sandbagging” in the purchase agreement. Sandbagging occurs when the buyer learns that one or more representations or warranties of the seller is inaccurate, the buyer does not communicate that knowledge to the seller, completes the transaction despite such knowledge and then seeks indemnification from the seller post-closing for losses arising from the inaccuracy. ... [read more]

Tuesday, July 25, 2017 @ 08:26 AM

FRANCHISING - Franchisor disclosure - Disclosure requirements - Remedies - Rescission

Appeal by Mendoza and his company from the dismissal of their summary judgment application to rescind a franchise agreement. ... [read more]