Ever wonder how the costs consequences (partial and substantial costs) play in the case of walk-away offers, if the matter proceeds to trial and the Court decides in favour of the defendant and rejects the plaintiff’s claim? Read our latest post to find out!
While the Act of God has not received the extensive analysis in law as it should have, one thing is clear: the Courts focus more on the unforeseeability and impossibility of action that follows to determine whether to nullify a contract based on an Act of God.
Many lawyers consider the non-disparagement clause to be necessary when drafting a form of Full and Final Release. The real question, however, is whether these clauses are deemed enforceable.
Think all civil litigation follows the same procedure? Think again. Read our latest article to learn about the nuanced procedural differences under ordinary litigation and construction lien proceeding.
Three years into the Interim Adjudication process under Part II.1 of the Construction Act, it is apparent that what was promised as a quick and dirty approach to dispute resolution is turning into a fly-by-night process that creates more problems than solutions. In this article, the author shares his thoughts on some of these problems.
While litigation in construction lien issues takes place within the formal, court system, parties have the ability to take such disputes outside of their system and into the hands of their community leaders.
Settlements are always preferred to litigation, but it’s important to note the following procedural steps when finalizing a settlement in construction lien litigation.
Contrary to the commercial construction industry, in which prevenient agreements and purchase orders may be sufficient to govern the relationship between parties, contracts in residential construction must be formal in order to protect homeowners. Particularly, the Consumer Protection Act, 2002 has been deemed to apply to residential construction and renovation agreements.
Do you have to pay your real estate agent their commission on a failed closing? Find out in this article the circumstances where you may have to.
Every industry has terminology or industry-specific knowledge that non-members of the industry do not think or know about. In the legal realm, I think this biggest non-industry piece of information is the difference between barristers and solicitors.
