THE DUTY OF GOOD FAITH IN CANADIAN CONTRACT LAW

Does this apply to precontract negotiations? As result of a relatively recent decision of the Supreme Court of Canada, and several follow-up cases, it is clear that parties to a contract have a duty to carry out their responsibilities under the contract in good faith...

AVOIDING THE GOTCHA AS A SELLER

Several recent experiences in midmarket M&A transactions have caused me to insist on an unusual representation and warranty from Buyers.  In some cases, buyer’s advisers are likely to conduct such extensive due diligence investigations that the Buyer may...

Estate Freeze – What Is It? And What It Does?

An estate freeze fixes the value of the asset that is frozen, such as shares of a corporation, in the hands of the owner until the time of death, allowing the freezor to calculate the expected tax liability that arises on death. A further benefit of an estate freeze...