Constructive Dismissal in the Employment Law Context
In Potter v. New Brunswick Legal Aid Services Commission, 2015 SCC 10 the Supreme Court of Canada considered the law as it pertains to constructive dismissal in the employment law context. Prior to this decision the Supreme Court had last considered this issue in its [...]
Amalgamations: How should a secured party react?
The amalgamation of two or more companies poses special concerns for secured parties. In British Columbia, when two companies are amalgamated they effectively continue to form one amalgamated company. For the purposes of this article we will call the new company “Amalco” and we will [...]
Interlender Agreements – in a nutshell
An interlender agreement is an agreement between or among two or more lenders that stipulates and allocates the priorities between them. In particular, it covers their priorities in the debtor’s collateral and the timing of repayment by the debtor (also known as the Borrower). A scenario where [...]
Duty of honest contractual performance – Bhasin v. Hrynew
A recent unanimous decision by the Supreme Court of Canada (Bhasin v. Hrynew, 2014 SCC 71) has created a contractual duty to act honestly in the performance of contractual obligations. While this may seem obvious to most, it is now clear that a breach of [...]