Uncertain Surety: Expiration of a Limitation Against a Principal is not a Defence to a Bond Claim

Sometimes failing to arbitrate a dispute with a binding arbitration provision can be fatal to a claim under a construction contract, particularly if the limitation period to commence the arbitration has expired.  But, in the case of a project with a performance bond, things can sometimes become more complex. Performance bonds are a common tool […] Read More

The Force Majeure Hit List – 7 Things You Need to Know

The COVID-19 Pandemic has unprecedented and wide-spread impact on commercial obligations. Many business relationships are being disrupted or suspended, and many business deals are delayed or completely cancelled. The global lock-down has companies scrutinizing their rights and obligations, and turning to the back pages of their contracts to check if a force majeure provision is […] Read More

Act On Your Legal Obligations to Avoid Post-Death Disputes

A recent case from the Ontario Superior Court of Justice, Birnie v Birnie, 2019 ONSC 2152, has several important lessons for Canadians when it comes to estate planning.  The case is an important reminder to be aware of your existing legal obligations when making your estate plans.  It is also a good reminder to revisit […] Read More