Category Archives: Contracts

Novel Form of Agreement to Reserve Surface Rights Payments

Posted on August 15, 2022 by Nigel Bankes

By: Nigel Bankes Case commented on: Schnell v Stene (Heidinger Estate), 2022 SKQB 146 (CanLII) PDF version: Novel Form of Agreement to Reserve Surface Rights Payments It is not uncommon for a vendor of agricultural lands in western Canada to … Continue reading →

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Must Creditors be “Analogous to Minority Shareholders” to Obtain Standing for Oppression?

Posted on February 17, 2021 by Jassmine Girgis

By: Jassmine Girgis  PDF Version: Must Creditors be “Analogous to Minority Shareholders” to Obtain Standing for Oppression? Case Commented On: Pricewaterhouse Coopers Ltd v Perpetual Energy Inc, 2021 ABCA 16 (CanLII) A creditor seeking an oppression remedy must qualify as … Continue reading →

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Consent Provisions in Long-Term Relational Contracts

Posted on September 8, 2020 by Nigel Bankes

By: Nigel Bankes PDF Version: Consent Provisions in Long-Term Relational Contracts Case Commented On: Apache North Sea Ltd v Ineos FPS Ltd, [2020] EWHC 2081 (Comm) The drafters of long-term relational contracts often have to deal with the uncertainties of future … Continue reading →

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The Expansion of Unconscionability – The Supreme Court’s Uber Reach

Posted on July 23, 2020 by Jassmine Girgis

By: Jassmine Girgis PDF Version: The Expansion of Unconscionability – The Supreme Court’s Uber Reach Case Commented On: Uber Technologies Inc v Heller, 2020 SCC 16 (CanLII) Contracts of adhesion, or standard form agreements (SFAs) are oftentimes unfair. They are … Continue reading →

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Incorporating Waivers of Liability into Contracts

Posted on May 11, 2020 by Jassmine Girgis

By: Jassmine Girgis PDF Version: Incorporating Waivers of Liability into Contracts Case Commented On: Apps v Grouse Mountain Resorts Ltd., 2020 BCCA 78 (CanLII) Standard form agreements raise unique contracting issues. They are drafted by the more powerful party, they … Continue reading →

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