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Inside Internal Controls

News and discussion on implementing risk management

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contract law

Contracts of purchase and sale: Removing subjects

Most people familiar with the purchase and sale of real property are familiar with subject to clauses, the full legal significance of such clauses can be a source of confusion. The misunderstanding of the legal meaning of subject to clauses was at the heart of the litigation in Dhaliwal v Binepal.

 

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What happens to your franchise agreement in the event of a change in the law?

Because franchise agreements are often signed for long periods of time (generally two to ten years), it is very important for any franchisor, and for anyone drafting a franchise agreement, to make sure that the risk (which is very real and constant) of laws or regulations being changed or of new laws or regulations, or new case law, is covered by appropriate provisions that properly tailored to the network’s industry.

 

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Evolving employment contract law, political activities and charities

Non-profit organizations may not consider it priority number one, but reviewing your legal compliance will protect your organization’s finances, your reputation, your directors and donors—even your organization—from shifting legal sands.

 

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Ontario’s Court of Appeal affirms principles of contractual interpretation and the standard of review in contractual disputes

On September 10, 2014, the Court of Appeal for Ontario released a decision applying the Supreme Court of Canada’s recent ruling dealing with contractual interpretation and the standard of review for contractual disputes.

 

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Contract administration – beyond the handshake agreement

Unfortunately, it is not unusual for not-for-profit organizations to find they have entered into a contractual relationship that did not receive the required level of oversight, discussion and approval. Such contracts dramatically increase the risk of harm to your organization.

 

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