The Traps And Perils Of Limitation Of Liability Clauses
March 30, 2014
In Swift v. Eleven Eleven Architecture Inc., the Alberta Court of Appeal recently considered the impact and scope of a limitation of liability clause in
Is A Deposit Forfeited In Absence Of Proven Damages?
October 13, 2013
The forfeiture of a deposit is one of the major tools for ensuring that contracts are performed. But there is a debate about whether a
The Mother Of All Tender Cases – The Fifth Issue: Determining Damages In An Unfair Tender Case
May 31, 2013
The last two articles have dealt with the recent decision of the Ontario Superior Court of Justice in Envoy Relocation Services Inc. v. Canada (Attorney
If You Want Specific Performance, Do You Still Have To Mitigate Your Damages?
October 29, 2012
Is a party to a contract obligated to mitigate its damages at the same time that it is asking the court to order specific performance?