June 2026

The Entire Agreement Clause What is an entire agreement clause? How strictly will Ontario courts interpret this common feature of commercial contracts? These questions are addressed by the Ontario Court of Appeal in Spot Coffee Park Place Inc. v. Concord Adex Investments Limited (“Spot Coffee”), where the Court upheld the trial judge’s finding that an...
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Contracts & Artificial Intelligence: Are AI-Generated Contracts Enforceable? Can a contract drafted by Artificial Intelligence (“AI”) be legally enforced? Yes, an AI-drafted contract can be enforceable. As an emerging issue in Canadian contract law, so far, the focus has not been on the fact that a contract was not created by human intelligence but rather...
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The Norwich Order: Can Third Parties Be Compelled to Disclose Information? What is a Norwich order? What is the test that a party needs to meet to obtain a Norwich order? The Ontario Superior Court’s decision in Nivora Group LLC v. Ping et al, a case under review for leave to appeal, addresses these questions.[i]...
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Handley Rule Overturned: A New Test for Post-Settlement Disclosure and Abuse of Process A Recent Case Reverses a Controversial Settlement Doctrine In a recent decision, the Ontario Court of Appeal (“ONCA”) overruled a 2018 rule, which declared that, in a multi-party dispute, settlements reached between parties must be immediately disclosed to any non-settling parties (the...
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