Is Your Mediation Confidentiality Clause Watertight?

In Union Carbide Canada Inc. v. Bombardier Inc., the Supreme Court of Canada struck a delicate balance between two key elements of mediation: settlement privilege and confidentiality. The Court held that parties in mediation can contractually displace the exception to settlement privilege which would otherwise allow disclosure of communications that have led to a settlement agreement to the extent necessary to prove the terms thereof. However, the contractual exclusion must be clearly and expressly stipulated in order to be enforceable.

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Dawn of the ‘Super Contract’

This article first appeared on the Construction Canada website.
Reducing the number of standard construction contracts
Over the years, the Canadian Construction Documents Committee (CCDC) has developed and kept current a series of standard construction contracts for use across the country. Among the many such contracts standardized by CCDC, seven govern the relations between owners and prime contractors.

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Is the New Anti-Spam Act Giving you Indigestion?

Canada’s new anti-spam legislation adopted in December 2010 (the “Act”) will finally take effect on July 1st, 2014. The Act will force most businesses and organizations to revise their electronic communications and marketing processes to ensure compliance with its provisions.

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Human Resources Management in the Era of Social Media

Just a few short years ago, not many of us could have imagined the extent to which the Internet and social media now play a major role in our society. Employers have not been immune to the spread of this phenomenon, and many now use these technological tools for several aspects of human resources management: recruiting, hiring, disciplinary sanctions, etc.

Are you on board with this trend?

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The Superior Court Confirms the AMF’s Refusal to Grant Authorization to Enter into a Public Contract

The Integrity in Public Contracts Act (the “Integrity Act”) sanctioned on December 7, 2012, amended the Act respecting contracting by public bodies (the “ACPB”) such that firms seeking to enter into a public contract or subcontract for an amount equal to or greater than an amount determined by the Government must first obtain authorization to do so from the Autorité des marchés financiers (the “AMF”).

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