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April 4, 2023
In its recent decision, Forbes v. Glenmore Printing Ltd., 2023 BCSC 25 (“Glenmore”), the Supreme Court of British Columbia rejected an argument that a contractual termination provision...
January 16, 2023
Worker argued individual termination pay ceiling didn't meet statutory minimum for mass terminations
September 26, 2022
'Ensuring that the contract is valid and fully enforceable is a particularly challenging endeavour'
September 5, 2022
Ontario Court of Appeal reaffirms strict interpretation of termination language
October 1, 2021
Exercised control over its riders contributions and networks were effectively made for hire, the copyright law does not apply. lets take it to our legal eagles. attorney and data privacy specialist. and criminal defense attorney bob bianchi. exhibit a from the hollywood reporter. the complaints which the hollywood reporter has obtained, against the heirs of some late comic book geniuses including stanley, jean. seeking declaratory relief that these blockbuster characters are ineligible for copyr...
May 26, 2021
In a recent decision, causation proved to be a determinative factor in the viability of multiple claims subject to the same force majeure clause. District judge rules that broad...
February 9, 2021
Highlights Applying New York law, the U.S. District Court for the Southern District of New York rules that a party can invoke a contractual force majeure provision to terminate a contract on the ground that the COVID-19 pandemic and resulting government-imposed restrictions on business operations fit within the meaning of a "natural disaster." The courts ruling joins the growing list of jurisdictions that have interpreted "natural disaster" to extend beyond weather-related and environmental di...
December 24, 2020
Properly Invoked to Terminate Auction Consignment Contract On December 16, 2020, Judge Denise Cote of the United States District Court for the Southern District of New York issued an Opinion and Order holding, as a matter of first impression, that the Covid-19 pandemic was a “natural disaster” within the meaning of a force majeure clause. Therefore, the Court held, an auction house was excused from performing a consignment contract. See JN Contemporary Art LLC v. Phillips Auctioneers...
December 24, 2020
To embed, copy and paste the code into your website or blog: The coronavirus (COVID-19) pandemic constituted a “natural disaster” under a contract’s force majeure provision, Judge Denise Cote of the US District Court for the Southern District of New York recently ruled in JN Contemporary Art LLC v. Phillips Auctioneers LLC, No. 20-cv-4370, 2020 WL 7405262 (SDNY Dec. 16, 2020). This decision appears to be one of the first by a federal judge concerning such contractual language. Other cour...