A Relief for Lenders: Duty of Good Faith Performance of Contractual Obligations does not Require Lenders to Advance Additional Funds to Borrowers
Since the Supreme Court’s landmark decision in Bhasin v Hrynew1 confirmed the existence of a general duty to perform contracts in good faith, the Canadian legal and business communities have looked to […]
A Matter of “Interest“
In a decision that raised concerns for lenders earlier this year, the Superior Court of Justice held, in Solar Power Network Inc. v. ClearFlow Energy Finance Corp.1, that the provision of […]
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 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 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 […]
WeirFoulds Partner Rob Eberschlag recognized in Lexpert Leading Canadian Lawyers in Global Mining
WeirFoulds is pleased to announce that Partner, Rob Eberschlag, has been listed in the 2018/19 edition of the Lexpert Leading Canadian Lawyers in Global Mining. Rob is a well-regarded corporate and […]
WeirFoulds Partner Frank Walwyn will speak at the OECS Bar Association’s Regional Law Conference in St. Kitts
WeirFoulds Partner Frank Walwyn will speak at the OECS Bar Association’s 15th Regional Law Conference in St. Kitts, which runs from September 14-16, 2018. The theme of this year’s conference […]