Categories
Non-competition Agreements
When accepting employment, concluding a sale of a business, or entering into a business relationship, one may often agree to sign a confidentiality, non-solicitation, and/or non-competition agreement. Of the three, a non-competition covenant usually appears to be the most onerous...
Annual Valuation Provisions in Shareholders’ Agreements
Where a private corporation has more than one shareholder, the shareholders are well advised to enter into a shareholders' agreement. This is an agreement that specifies how the corporation is to be governed, how major decisions will be made, and...
Commercial Tenancies – Assignments and Subleasing – Consent of Landlords
Most commercial leases contain provisions that require tenants to obtain the consent of their landlord to a proposed assignment or sublease. Additionally, they also contain provisions that the landlord will not withhold that consent unreasonably. In the absence of such...
The Supreme Court of Canada recognizes a general duty of honesty and good faith performance in contract law
A recent ground-breaking decision released by the Supreme Court of Canada has recognized a "general organizing principle of good faith contractual performance" in Canada and, more importantly, imposes a new duty of honesty in the performance of contractual obligations. While...
Commercial Leasing: It’s Not Only Your Lease That Could Matter (and how to make sure that it is)
What happens if a fire or other calamity destroys a commercial tenant's premises or property located on the premises? The Landlord, the Tenant and their advisors will certainly review various provisions of the lease, such as requirements for each of...
