Articles

Corporate & Commercial Law

Taking Arbitration Clauses Seriously By Brian Babcock Canadian courts are increasingly willing to enforce the terms of arbitration clauses in commercial agreements. Canadian businesses need to learn to take these clauses seriously. June 19, 2015
The Principle of Buyer Beware in Contract Law By Mark Mikulasik "...Sometimes... one can attempt to read and understand the terms of the contract and still end up being legally bound by terms that were misunderstood and therefore unexpected. With any contract, each party has an obligation to perform due diligence when purchasing an item or service, in addition to merely reading and attempting to understand the terms of the contract. The legal doctrine is called Caveat Emptor or ‘buyer beware’..." June 10, 2015
Show Some Consideration By Brian Babcock Maybe you have read, or even signed, a document which included the magic words “In consideration of…” and wondered why that phrase appears.

You should never sign a legal document if you do not understand the terms, so the first tip in this article: never be afraid to ask questions before signing contracts, whether at a law office; a realtor’s; a bank; or with a contractor at your kitchen table. Contracts have legal power, so should never be treated casually. Only in extreme cases will courts intervene to protect people who sign unwisely, and failure to read the document is not an excuse.
March 27, 2015
To Tell The Truth By Brian Babcock Most people know what it means to tell the truth. Therefore, “A reasonable commercial person would expect, at least, that the other party to a contract would not be dishonest about his or her performance.”

This concept is at the core of a recent Supreme Court of Canada decision which recognizes a new doctrine in Canadian law, the duty to behave honestly in the performance of a contract.
November 26, 2014
Straight Talk on Weddings and the Law By Fhara Pottinger "...many weddings are ruined because someone fails to live up to their agreement - the venue is a disaster, the caterer takes off, or the dress comes in two sizes too small. What can you do..."

Here are a few tips for making sure your rights are protected in the event of a wedding disaster
June 26, 2014