Can franchisees be legally considered employees of a franchisor? Prior to Modern Cleaning Concept v Comité Paritaire, 2019 SCC 28 [Modern Cleaning], we may have thought this possibility would be precluded by the business-to-business quality inherent to a franchise. However, in Modern Cleaning, the Supreme Court of Canada (“Court” or “SCC”) interprets Québec legislation to […]
Consumers sign contracts to gain access to all kinds of goods and services, such as credit cards, cell-phone service, and internet. Increasingly, sellers and suppliers are putting arbitration clauses into these contracts, requiring buyers to resolve their disputes through arbitration. This is not necessarily because sellers are enamoured with the virtues of arbitration. Instead, they […]
On 28 March 2019, the Supreme Court of Canada (“SCC”) will hear Resolute FP Canada Inc, et al v Ontario (Attorney General), 37985, an appeal of a lengthy 270-paragraph decision from the Court of Appeal of Ontario (“ONCA”) of Weyerhaeuser Company Limited v Ontario (Attorney General), 2017 ONCA 1007 [Weyerhaeuser]. At first glance, Weyerhaeuser appears […]
The phrase “call an Uber” has become a ubiquitous part of modern parlance, just as the service itself has become a common feature of how people get from point A to point B. The ride-sharing service is now available in hundreds of cities around the world, and has transformed the personal transportation industry. But the […]
A lot can change in 65 years, and most of it is unforeseeable. Can a contract be renegotiated to reflect these changes? In Churchill Falls (Labrador) Corp v Hydro-Quebec, 2018 SCC 46 [Churchill Falls], Churchill Falls (Labrador) Corporation Limited (“CFLCo”) and the Quebec Hydro-Electric Commission (“Hydro-Quebec”) dispute a contract signed in 1969. CFLCo claims that their […]
Around the world, there is fierce debate about whether Uber drivers should be characterized as customers, independent contractors, or employees. In January 2018, the ONSC released its ruling in the closely watched case Heller v Uber Technologies Inc, 2018 ONSC 718 [Heller]. At issue was whether or not the Plaintiff, David Heller, could commence a […]
In Cowper-Smith v Morgan, 2017 SCC 61 [Cowper-Smith], the Supreme Court of Canada (“the Court”) brings back painful memories of first-year Contracts and attempts to clarify the complex equitable doctrine of propriety estoppel despite several differing interpretations. Proprietary Estoppel Estoppel is an equitable doctrine which arises when one party acts on the reliance of the promise […]
On October 17, 2017, the Ontario Court of Appeal (“ONCA”) released Airia Brands Inc v Air Canada, 2017 ONCA 792 [Airia], an important decision in which the ONCA clarified and restated the test for determining when Ontario courts can assume jurisdiction over class actions involving absent foreign claimants. This decision provided much-needed clarity on the […]
When parties sign a contract, they have usually settled on an agreement that they find to be mutually beneficial, and are therefore happy to do business with one another. However, issues can arise when parties jump headfirst into an agreement without consideration for how to terminate it. For some contracts, such as a one-time sale […]
In merger and acquisition (“M&A”) transactions, investment banks are tasked with guiding their clients through a successful sale of their company. Similar to a real estate agent, an investment bank may undertake a number of tasks to ensure a successful sale, including: preparing a timetable, identifying purchasers, soliciting offers, and providing financial analysis. In return, […]