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Inside Internal Controls

News and discussion on implementing risk management

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commercial litigation

Protecting Canadian public companies from the potential class action fallout of COVID-19

One of the key metrics to determining how attractive a target a company is for class action lawyers is the length of the anticipated “class period” – i.e. the period between the date of the first misrepresentation and the date of the corrective disclosure.

 

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Construction disputes: A contractor’s right to be paid vs. owner’s claims for defective work

Learn why you need to review your contracts and advocacy practices with Not-for-Profit PolicyPro

It is one of the most common scenarios in construction litigation: work has completed, the contractor has rendered its final bill and an owner refuses to pay on the basis that there were delays or that there are defects or deficiencies with a contractor’s work. While contracts can and do provide allowances for such situations, that is not always the case.

 

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Discharging a builders’ lien on posting of security: How much is enough?

When a builders’ lien is filed, it can cause all manner of disruptions to financial, contractual and business relations and there can often be urgency in getting a lien discharged while, at the same time, ensuring the right to dispute the underlying claim giving rise to the lien is preserved.

 

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Sports and recreation: Risk mitigation and occupiers’ liability

In Ontario, the occupiers’ duties towards people who access their premises is governed by the Occupiers’ Liability Act (“OLA”). The OLA defines an “occupier” as:

 

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Wade-ing into the limits on post-contractual conduct: BC Court of Appeal confirms post-contractual conduct may be considered only if contract contains ambiguity

Attempts by litigants to rely on post-contractual conduct are not uncommon in commercial litigation involving contractual interpretation. However, in the case of Wade v. Duck, an important reminder is offered that Canadian contract law places strict limits on the circumstances in which courts may have recourse to post-contractual conduct when interpreting a contract.

 

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