Case update on the common law duty to act honestly

By Troy Ungerman (Toronto) on January 20, 2016 Posted in Corporate finance, Litigation

In 2014, the Supreme Court of Canada delivered a seminal decision, Bhasin v Hrynew (Bhasin), on common law duties of contractual performance. Earlier discussions on the case can be found here and here. In the Bhasin decision, the Court established a general obligation of good faith in the performance of contracts, and a duty of … Continue reading

Acquisitions in an insolvency context: mandatory assignment of contracts

By Evan Cobb on February 25, 2015 Posted in Corporate finance

Most due diligence processes in a business acquisition context require a review of material contracts and, in particular, a review of any restrictions on assignment of those contracts. When a business enters into a long term commercial contract with a customer, the identity of that particular counterparty may influence the terms of the contract. A … Continue reading

Golden parachutes on the rise during down economy

By guestauthor on April 5, 2012 Posted in Employment and labour, Governance and directors' liability

This post was contributed by Éric L’Italien, Lawyer, Norton Rose Canada Given the shaky economy over the past couple of years and the reduced number of takeovers, mergers and acquisitions, one would have expected a decline in indirect compensation such as golden parachutes. However, according to a recent Alvarez & Marsal study, there has been a 32% increase over the … Continue reading