Monthly Archive for: ‘December, 2012’

Sophisticated commercial parties often insert arbitration clauses into their contracts to avoid the expense, publicity, and delay of having to resolve disputes in court.  When drafting such clauses, one issue the parties may wish to consider is whether the arbitrator’s decision should be subject to appeal to the courts, even on a question of law.  […]

The use of electronic means by businesses to sell products to their consumers or to enter into transactions among one another is becoming ever more common place.  An often overlooked issue is the legal effectiveness of such electronic communications, particularly where the typical formalities seen with written agreements may not be present.  Put more simply, […]

The Supreme Court of Canada recently revisited the issue of the appropriate test for causation in negligence actions in its decision Clements v. Clements.  Confirming that the test for causation is the “but for” test, the Court went further to circumscribe the application of the one exception, the material contribution approach, to limited circumstances involving […]