Canada: Contracts and Commercial Law

A foreign franchisor has delivered a compliant Franchise Disclosure Document to a promising Canadian candidate. The fourteen-day period is running. Site selection is underway. Then, eight days in, something happens: the landlord renegotiates a lease term, a key supplier is replaced, an executive who is named in the disclosure document resigns, or the franchisor is served with a claim that did not exist when the FDD was assembled.

As artificial intelligence becomes deeply embedded in business operations across all industries, buyers and investors face a new category of risks that extend far beyond traditional technology companies. From intellectual property concerns to data sovereignty issues, understanding how AI is integrated into a target company's workflows has become essential for effective due diligence and risk assessment.

Canada's privacy regulator has released new draft guidance establishing comprehensive due diligence standards for organizations evaluating third-party service providers under PIPEDA. The framework introduces eleven best practices covering everything from data flow mapping and AI training data sourcing to vendor lock-in risks and ongoing monitoring obligations, signaling heightened expectations for privacy accountability in vendor relationships.

Premium credit cards often include rental car insurance, but many Canadians misunderstand what this coverage actually protects. While collision damage waivers may cover the rental vehicle itself, they typically exclude liability for injuries to others, personal belongings, and certain vehicle types. Understanding these limitations before declining the rental company's insurance can prevent costly surprises after an accident.

Developers in British Columbia face significant legal consequences for failing to disclose material developments during presale condominium projects, even if construction is eventually completed. A landmark Supreme Court decision examines when post-contract disclosure failures can render purchase agreements unenforceable and whether insolvency proceedings can override consumer protection obligations under REDMA.

British Columbia's new Construction Prompt Payment Act introduces mandatory payment deadlines and expedited adjudication for construction disputes, drawing from similar regimes in Ontario and Alberta while incorporating unique provisions around invoice requirements and holdback releases. How will these changes reshape payment practices and dispute resolution in BC's construction industry, and what lessons can be learned from other provinces' experiences with prompt payment legislation?

Modern office building amenities have become central to commercial lease negotiations, raising complex legal and business questions about costs, user rights, operating standards, and long-term commitments. This article examines five key negotiation points that landlords and tenants must address to protect their interests and minimize disputes over amenity provisions in commercial leases.

British Columbia's Construction Prompt Payment Act introduces mandatory payment deadlines and fast-track adjudication for construction disputes. Owners must pay contractors within 28 days, contractors must pay subcontractors within seven days, and payment disputes can be resolved through binding adjudication outside the courts. The legislation also shortens the holdback period under the Builders Lien Act and eliminates standalone liens against holdbacks.

Les contrats financiers admissibles ne peuvent pas être résiliés dans le cadre d'une procédure en vertu de la Loi sur les arrangements avec les créanciers des compagnies. Dans l'affaire Canacol Energy Ltd (Re), le juge Feasby de la Cour du Banc du Roi de l'Alberta a fourni des indications détaillées sur l'interprétation du Règlement sur les contrats financiers admissibles et s'est expressément écarté de la jurisprudence antérieure.