Pine Valley Enterprises Inc. (“Pine Valley”) was hired to work on a municipal project to remediate flooding. Pine Valley contacted Earthco Soil Mixtures Inc. (“Earthco”), a topsoil provider, to obtain ...

The rule against penalties is rooted in public policy, aiming to prevent contractual provisions that punish the breaching party rather than protecting the interests of the innocent party. The burden ...

The message: Ensure important representations are confirmed in writing. The case: Lloyd vs Browning concerned the effectiveness of a widely used contractual provision to exclude liability on the ...

Contractual arbitration provisions frequently include language that permits the parties to seek injunctive relief from courts under certain circumstances. However, the scope of such "injunction ...