Collecting, storing, and using personal information is often the key to developing and delivering individualized products and services in our current economy. As consumers, businesses, and service providers alike become increasingly comfortable using electronic platforms to exchange or store personal …Keep reading
Rescission Rights under Franchise Legislation: The Backdrop to Raibex
Section 6 of the Ontario Arthur Wishart Act (Franchise Disclosure), 2000 (the “AWA”) grants franchisees the right to rescind a franchise agreement under two circumstances:
1. section 6(1) of …Keep reading
Societies incorporated in British Columbia should take caution: since November 28, 2016, there has been a new and potentially powerful remedy that may be used in the context of British Columbian Societies.
This remedy, known as the derivative action, has …Keep reading
Now is the perfect time for societies incorporated in British Columbia to consider how to avoid a new kind of court challenge that members can now bring under section 102 of the Societies Act, S.B.C. 2015, c. 18, which came …Keep reading
One of the key components of conducting civil litigation in British Columbia is the production and discovery of documents by each of the parties to the lawsuit. The parties are required, both at common law and under British Columbia’s Supreme …Keep reading
On September 18, 2015, the Supreme Court of Canada issued reasons for judgment in Stuart Olson Dominion Construction Ltd. v. Structal Heavy Steel, 2015 SCC 43. While in many respects the decision simply confirmed the remedies available to …Keep reading
Many commercial agreements contain dispute resolution mechanisms, such as mandatory mediation or binding arbitration. These types of provisions appear with increasing frequency as an alternative to the traditional litigation process for settling business disputes. While these types of mechanisms can …Keep reading
A commercial tenant falling into arrears is unfortunately a not-infrequent occurrence. Faced with a non-paying tenant, commercial landlords have a number of options to enforce their rights.
First, the landlord can distrain for the arrears pursuant to the Rent Distress …Keep reading