I. INTRODUCTION
Charities and non-profit organizations are often faced with the
question of whether to incorporate. Some decide that it is not
worth the trouble, while others put off the decision until the
organization grows in size. There are also those that do not
consider the question at all. While members may have the best of
intentions, a lack of forethought can have catastrophic outcomes.
Any charity or non-profit organization that exists as an
unincorporated association is well-advised to consider the benefits
of incorporation. Existing as an unincorporated association is a
poor choice for most charities and non-profit organizations for two
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Electronic signatures or e-signatures have been in use in Canada
for over two decades. Their use and acceptance have become more
necessary and more widely accepted because of the COVID-19
pandemic, as people have to rely on the use of e-signatures in
situations where they would have previously provided their
signatures in-person.
Currently, in Alberta most commercial agreements can be signed
electronically except where expressly excluded by the parties,
including, but not limited to: (i) sales agreements; (ii) service
agreements; (iii) user manuals; (iv) purchase orders; (v) lease
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In 2020, the Federal Court of Appeal and the Canadian
Radio-television and Telecommunications Commission issued important
decisions and guidance regarding the validity and interpretation of
CASL
CASL creates a comprehensive regime of offences, enforcement
mechanisms and potentially severe penalties designed to prohibit
the sending of unsolicited commercial electronic messages (CEMs),
the unauthorized commercial installation and use of computer
programs on another person s computer system, and other forms
of online fraud. Following are some key aspects of CASL:
CASL creates an opt-in regime that
prohibits, subject to limited exceptions, the sending of a CEM
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Good faith requires a party to a contract whose actions or words
have created a false impression in the mind of a counterparty to
take positive steps to correct it, the Supreme Court of Canada
recently held in
C.M. Callow Inc. v Zollinger, 2020 SCC
45. If a party to a contract remains silent when it becomes aware
it has caused a counterparty to misapprehend a matter directly
connected to the performance of the contract or the exercise of a
contractual right, that party may be liable for a breach of the
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A sale contract is a legally binding document
that is generally irrevocable after its conclusion. In principle,
contracts may not be revoked as a result of the will of one of the
parties, hence; the legal terminology contract with the down
payment has been established.
When a
preliminary sale contract is entered
into, both parties agree to a down payment which is
a
percentage of the full purchase price paid by the
purchaser. On the one hand, a down payment may be considered as a