Banks and corporates may need to deal with counterparties who seek to renegotiate or fail to comply with their contractual obligations. In this section, we give practical tips for dealing with the early stages of disputes and examine the contractual provisions that are likely to lead to difficulties, including particular contracts that may come under the spotlight.
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Amid the deluge of high-profile 2020 decisions relating to the impact of COVID-19, there have been some less publicized but nevertheless instructive judgments on more conventional commercial issues.
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To contain the spread of COVID-19, the federal government has imposed a mandatory 14-day quarantine for individuals re-entering Canada, with certain exemptions in place.
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On October 20, 2020, the Ontario government tabled the Supporting Ontario’s Recovery Act, 2020 (the Act) in the legislature for first reading.
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In a series of recent cases, courts in Quebec have prevented landlords from terminating commercial leases and/or have reduced rent payable during periods where tenants were forced to close due to COVID-19, particularly where landlords did not apply for the Canada Emergency Commercial Rent Assistance program (CECRA).
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A judgment rendered by the Superior Court of Québec last July 16 may have a considerable impact on the payment of rent by certain tenants during the pandemic.
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Litigants and courts alike have faced struggles with handling a new frontier of litigation in the age of COVID-19.
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If you have a recreational activity, adventure, or sports-orientated business you probably already have a liability waiver that customers or participants sign before they engage in activities on your premises.
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The COVID-19 pandemic has resulted in court access in many jurisdictions being severely curtailed. Certain jurisdictions are permitting urgent matters to proceed, often by way of telephone or videoconference.
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Long-term participants in the energy sector have weathered significant fluctuations in oil and gas prices in the past, most recently during the 2014/2015 oil price crash. However, the current circumstances
are unprecedented.
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States have taken urgent and extraordinary steps to prevent the spread of the Coronavirus and to address the public health and economic crisis that the virus has caused. Some such measures are aimed directly at the need to treat those affected by the virus.
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The COVID-19 global pandemic is forcing businesses of all shapes and sizes to pursue alternate sources of funding to ensure the advancement of pending claims, to bring new claims arising out of the pandemic and to enhance cash flow where possible to survive. Understanding the range of dispute funding options available is critical to assess whether and, if so, how such funding can be leveraged to help a business weather the current COVID-19 environment – and what is yet to come.
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A signature feature of the last several months has been the scramble for masks, shields and gowns – personal protective equipment (PPE) – for doctors, nurses and other care workers. Governments have been focused on ensuring that health authorities, both public and private, have a sufficient supply of essential medical equipment (such as PPE and ventilators) and pharmaceutical products to deal with the initial surge of COVID-19 cases.
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The coronavirus pandemic is having a devastating impact on the global economy and has caused economic activity to grind to a halt.
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As the COVID-19 pandemic continues to wear on, corporations must remain vigilant against the increased risk of fraud.
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In Bluberi Gaming Technologies, the Supreme Court of Canada confirmed that under the Companies’ Creditors Arrangement Act (CCAA), a supervising judge has the discretion to approve a third-party litigation funding agreement (LFA) as interim financing.
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Force majeure and alternative relief under standard form construction contracts and local law
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New research conducted by Norton Rose Fulbright shows that force majeure clauses are already being invoked in certain industries and regions but that this is not yet leading to a domino effect to drag in other industries and regions.
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The following guide brings together summaries of the top legal concerns for the remainder of 2020 for insurers from a number of different regions.
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The fraud triangle is a well-known tool in understanding fraud. The three sides – opportunity, incentive, and rationalization – offer an explanation to a person’s decision to commit fraud.
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The fiduciary duty (loyalty) and duty of care owed by directors and officers of Canadian corporations require them to oversee the management of the corporation with a view to the corporation’s best interests.
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The COVID-19 pandemic has changed how we interact and work.
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On March 17, 2020, we published a legal update on the application of “force majeure” clauses and the doctrine of "frustration" in common law in the context of the COVID-19 pandemic.
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Businesses worldwide have been forced to navigate the challenges brought on by the rapid spread of COVID-19 (coronavirus), including interruptions to supply chains and challenges in meeting contractual obligations.
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