Is A “May Arbitrate” Clause Mandatory Or Permissive?
April 20, 2013
What is the meaning of an arbitration clause which states that a dispute “may be determined by arbitration”? Does the clause mean that the arbitration
Can An Owner Look Behind A Bid And Find It Non-Compliant?
April 7, 2013
Is an owner entitled to look behind a bid submitted in response to an invitation to tender and determine whether it is compliant with the
Who Is A Successor To A Contract?
March 30, 2013
Most commercial agreements contain a clause stating that the contract is binding upon and for the benefit of “successors.” For example, Article 10.1 of the
Does Inaction Amount To Acceptance Of A Repudiation Of Contract?
March 24, 2013
Can inaction by a party to a contract amount to an acceptance of the repudiation of the contract by the other party? That was the
Who Decides If There Is An Appeal From A Court Order Requiring Arbitration: The Parties Or The Court?
March 12, 2013
One of the first issues that can arise in a dispute is whether arbitration or court proceedings must be pursued. The issue will often arise
Does A Mediation Agreement Suspend The Limitation Period Or The Period To Set Down A Lien For Trial?
February 26, 2013
An agreement to mediate is often found in arbitration and building contracts. Yet, the impact of mediation upon court or arbitral proceedings is uncertain. Does
Is An Agreement To Mediate Enforceable?
February 18, 2013
A recurring issue in arbitration and construction law is whether an agreement to mediate is enforceable. That is because an arbitration or building contract may
Is A Third Party Obliged To Bring Its Claim Under An Arbitration Agreement
February 14, 2013
A recurring issue in arbitration law is whether a third party is bound to assert his or her claims by way of arbitration, even though
Can Silence Amount To A Fraudulent Misrepresentation?
February 5, 2013
The Ontario Court of Appeal recently dealt with the issue of what sort of representations amount to fraud, and what representations survive an “entire agreements”
Ontario Court of Appeal Affirms Legal Principles For Agent’s Authority And Liquidated Damage
January 28, 2013
Two recurring issues in construction law are the authority of agents and liquidated damages. The agency issue is this: if the principal is to be