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Year: 2018

The Enforceability of Guarantees given by Officers and Directors of Corporate Borrowers and Sophisticated Individuals

As a mechanism for safeguarding the enforceability of a guarantee, it is common practice for commercial lenders to require that personal guarantors obtain independent legal advice with respect to the […]

No Additional Consideration Required to Support Loan Amendments

Private loan arrangements lead to more than their fair share of litigation proceedings.  Their disputes often require the courts to apply long-standing legal principles to informal loan documentation and verbal […]

The Test for Unconscionability in Loan Agreements

Not surprisingly, borrowers often view certain terms in loan and credit agreements as harsh, over-reaching or unusually generous for the lender. But at what point does a specific term cross […]

Priorities Matter – But That’s Not All That Matters!

Often, when the parties to a financing are discussing priorities or intercreditor arrangements, there tends to be a simplistic view taken of these agreements. Once the competing creditors have sorted […]

WeirFoulds Partner David S. Brown establishes the Mac Urquhart PhD Award in Economics at Queen’s University

We are pleased to announce that Partner and Chair of the Private Equity Group, David S. Brown, has established the Mac Urquhart PhD Award in Economics at Queen’s University. Established […]

WeirFoulds is proud to continue to support the “From Her Lips to Our Ears” event hosted by the Women’s Brain Health Initiative

WeirFoulds is proud to continue to support the Women’s Brain Health Initiative “From Her Lips to Our Ears” conversation and cocktail reception. The event will be held at The Ritz-Carlton […]

WeirFoulds recognized in 2019 Chambers Canada Guide

WeirFoulds is pleased to announce that the firm has once again been recognized in Chambers Canada: Canada’s Leading Lawyers for Business. In the 2019 edition, three of our partners are […]

When the Deal Goes South: Deposits, Unconscionability, and Relief from Forfeiture

Recent cases from the Ontario Court of Appeal address issues regarding deposits in failed purchase and sale transactions.  An examination of these cases provides guidance regarding the circumstances in which […]

Quick Question: Opinions on Amendments to Credit Agreements

Q: Do I need an opinion from borrower’s counsel on an amendment to an existing credit agreement? A: Opinions from borrower’s counsel are routinely provided on the due authorization, execution, […]

WeirFoulds welcomes Marie-Pier Nadeau to the Subrogation & Recovery Practice Group

WeirFoulds is pleased to announce that Marie-Pier Nadeau has joined the firm as a part of the Subrogation & Recovery Practice Group. Marie-Pier has a thorough understanding of the insurance […]

Misnomers and Misdescriptions: The “Litigation Finger Test” to the Rescue!

In the last month, the Court of Appeal decided two cases based on the “litigation finger test”.[1] The litigation finger test can assist a plaintiff in cases of misdescription or misnomer of […]

WeirFoulds Partner James Kosa discusses the right to be forgotten with The Early Edition on CBC

WeirFoulds Partner James Kosa discussed if Google indexed search results and the right to be forgotten fall under Canada’s privacy laws with The Early Edition on CBC Radio. James discussed […]

Beyond borders: Where in the world is… Kayla Theeuwen?

WeirFoulds Associate Kayla Theeuwen has packed her bags and jetted off to Jamaica. No, not for a client matter – this trip is different from the ones she has been […]

WeirFoulds Partners Listed in Lexpert Report On Business – Infrastructure Special Edition 2018

We are pleased to announce that five partners are listed in the 2018 Lexpert Special Edition on Canada’s Leading Infrastructure Lawyers. The Lexpert Special Edition – Infrastructure profiles a diverse […]

CSA Amendments to Simplify Reports of Exempt Distribution – Bulletin

On July 19, 2018, the Canadian Securities Administrators (“CSA“) published final amendments (“Amendments“) to National Instrument 45-106 – Prospectus Exemptions (“NI 45-106“) and its related Companion Policy that will amend […]

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