Nelligan O’Brien Payne LLP is one of the leading litigation law firms in Ottawa. Our Commercial Litigation Group has the depth of experience to assist you in any kind of business conflict or commercial dispute.
In finding that a Vancouver home-seller improperly relied on condition for lawyer’s approval to get out of an agreement, B.C. Court confirms that subject clauses are subject to good faith
Statistics Canada reported earlier this year that retail sales in general increased by 4.7% year over year, but e-commerce retail sales increased by a whopping 41.6% over the same period. However, in the rush to get into this burgeoning market, it is also easy to overlook some of the risks.
Copyright can apply to a wide variety of creative works. This includes sculpture, paintings and architectural work. An architect generally maintains the copyright in architectural designs unless those designs were developed for a client under the explicit understanding that the client owns the architect’s work product. But what happens when a newly built house appears to bear the exact same design as another house in the same neighbourhood?
The long-awaited overhaul of the Construction Lien Act (“the Act”) is expected to happen soon. Here is what you need to know. On May 31, 2017, the Ontario government introduced Bill 142, which seeks to modernize the Act. If passed, the Bill will bring long-sought reforms to the construction industry.
In the brief decision of Mitchell v. Lewis, the Ontario Court of Appeal has confirmed that in cases of misconduct there are fairly broad circumstances in which the principals of a corporation may be named personally in a civil action.
On Tuesday March 28, 2017, the Ontario government announced that it will be relieving Tarion of its responsibility to regulate the province’s home builders. The announcement came following the release of a Final Report by the Honourable J. Douglas Cunningham Q.C. In November 2015, Ontario’s Minister of Government and Consumer Services appointed Justice Cunningham to make recommendations regarding Tarion and the new home warranty program.
On March 16th, 2017, Transport Minister Marc Garneau announced new rules governing the use of recreational drones. Drones weighing more than 250 grams and up to 35 kilograms may be flown without special permission from Transport Canada, but there are now new rules dictating where they can fly.
Many commercial contracts contain a “forum selection clause”. This sets out the court and country that will have jurisdiction over any litigation that may result from a contractual dispute. If a party commences a legal proceeding in a different forum than the one set out in the contract, the other party may attempt to stay the proceedings and enforce the forum selection clause.
Many potential commercial litigants have been looking for a more efficient system through which to resolve disputes. For better or worse, arbitration clauses have become the go-to mechanism of conflict resolution adopted in many commercial agreements.
As legal fees continue to rise, business professionals are often faced with a difficult decision. Should I attempt to resolve this dispute on my own, or should I retain a lawyer with expertise in dispute resolution?