First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

breach of contract

Contractual terms by convention: When parties fail to explicitly set contractual terms

One of the frequent issues encountered in contractual litigation is parties failing to negotiate and set to writing the contractual obligations that exist between them. So long as the parties are getting along and no questions are raised about anyone’s obligations, the lack of written contractual terms may not be an issue and convention will general dictate the parties’ interactions.

 

, , ,

International commercial arbitration in Ontario: Court intervention and public policy as a ground to set aside awards

The decision in JAG Worldwide v. Lakeside Produce demonstrates that Ontario courts continue to reaffirm the importance of respecting parties’ decisions to arbitrate their disputes, and adhere to the strict limitations of their ability to review international arbitration awards.

 

, , , ,

Time is of the essence: When late is no better than never

Contracts for the purchase and sale of real property and other commercial contracts often contain a clause that says “time is of the essence” in respect of certain or all contractual obligations (a “Timing Clause”). Many parties sign contracts without given due consideration to the full impact of a Timing Clause or otherwise hold the […]

 

, , , ,

Lenovo and Superfish: Proposed class action proceeds on privacy tort and statutes

It has been reported that a partial settlement may have been reached with Superfish, in a U.S. class action against both defendants. The settlement reportedly includes Superfish’s cooperation with the plaintiffs by disclosing over 2.8 million additional files and providing Superfish witnesses for a potential trial. The Canadian proposed class action is very much in its infancy. It remains to be seen how the class action will evolve in Canada.

 

, , , , , , ,

Evans v. The Bank of Nova Scotia: Another case of intrusion upon seclusion is certified as a class action

The new tort of “intrusion upon seclusion”, which provides a cause of action to those whose privacy has been breached, was given new teeth this month by the certification of a class action against the Bank of Nova Scotia and its employee, Richard Wilson.

 

, , , , , , , , , , , , , , , , , , , , , , ,

Where does Canada stand on privacy?

Canada, like many countries, must answer a fundamental question: How does it achieve its law enforcement and national security objectives while also protecting and respecting the privacy rights of its citizens? “We hope the current administration and its privacy opponents can reach reasonable compromises that allow both groups to achieve their desired outcomes” Chris Stevens, CIPP/US, CIPP/C, CIPP/E, CIPP/G, CIPM, CIPT, and Steve Holland, CIPM, write. In this exclusive for The Privacy Advisor, they look at the high-stakes issues facing Canada’s quest to balance the two priorities and whether Privacy Commissioner Daniel Therrien is the right man to help it do so.

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,