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Court finds 500% “penalty” clause enforceable
Thursday, August 26, 2021Stephen A. Thiele, Howard WolchLitigationContract Law, Breach of Contract
In the law of contracts, a penalty is the payment of a stipulated sum on the breach of the contract, irrespective of the damage sustained. In general, where the penalty is...
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Facility operator dodges damages award because patron waived liability
Monday, July 26, 2021Stephen A. ThieleLitigationContract Law, Sports Law, Waiver of Liability
Participating in sports is an activity that is encouraged by many. For example, parents enrol their children in a variety of winter and summer sports so that the children can meet and interact...
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County Festival Feud: Plaintiff fails to prove verbal agreement or bad faith against festival organizers and municipality
Friday, April 9, 2021James R.G. CookLitigationContract Law, Municipal Act, Powassan, Ontario Limitations Act
The annual “Smoke ‘N’ Spurs Festival” on the Labour Day Weekend in Powassan, Ontario, commenced in 2013. A caterer for the Festival from 2013-2015, claimed that he was lured away...
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Court dismisses non-competition injunction against former key employee
Sunday, March 28, 2021James R.G. CookLitigation, Employment LawContract Law, Employer, Employee, Restrictive Covenant, Non-Compete
When relationships end between a business and an individual who was a principal thereof, the business may be understandably concerned about competitive ventures it may face from its...
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Federal Conservative Party Member Wins Pyrrhic Court Victory: Loses in Party Election
Friday, March 26, 2021Stephen A. ThieleLitigationContract Law, Political Law, Contractual Rights, Political Parties, Membership
I preface this political law blog with the full disclosure that although I am involved in party politics, I am not a member of any federal political party in Canada...
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Freelance Consultants Not Bound by Non-Competition Agreement
Friday, January 8, 2021James R.G. CookLitigation, Employment LawContract Law, Non-Compete, Trial Procedure, Civil Procedure
Freelance consultants may often be faced with a decision to enter into contracts which purport to limit their ability to seek out what might be construed as...
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Viewing the Supreme Court of Canada’s decision in Callow through a compliance lens
Wednesday, December 23, 2020James R.G. Cook, Kenneth Jull, Jonathan James Nehmetallah, Ian SpiegelLitigationSupreme Court of Canada, Compliance, Contract Law
The Supreme Court of Canada released its decision in C.M. Callow Inc. v. Zollinger on December 18, 2020. This decision is ground-breaking in the world of contracts, and can...
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Buyer’s Claim for Lost Value Damages of a Residential Subdivision Home
Wednesday, September 2, 2020James R.G. CookLitigation, Real EstateContract Law, Agreement of Purchase and Sale, Damages
The party seeking damages arising from a failed real estate transaction is often the seller, who seeks to recover the agreed-upon sale price from a buyer. Conversely, when a seller breaches the agreement...
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Unconscionability in Real Estate Transactions Post-Uber
Monday, August 31, 2020James R.G. CookLitigation, Real EstateToronto, Contract Law, Irrevocability Clause
In Forest Hill Homes (Cornell Rouge) Limited v. Wei, 2020 ONSC 5060 (CanLII), Justice F.L. Myers applied the Supreme Court of Canada’s recent review of the...
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Frustration and Pandemic - A Long Term Perspective on COVID-19 and Frustration of Contracts
Thursday, April 2, 2020Kenneth Jull, Jonathan James NehmetallahLitigationCompliance, COVID-19, Frustration, Force Majeure, Contract Law
In these times of global health uncertainty and economic troubles it is tempting to jump to the “frustration of contract” conclusion. While we acknowledge that it is tempting to see the current economic trouble as frustrating the performance of contract there are a number of factors that must be considered when...
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