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Archives for March 2023

By McCarthy Tétrault LLP | 5 Minutes Read March 20, 2023

When the chips are down – BC Court of Appeal provides guidance on force majeure, frustration and declaratory relief

force mejeureIn Interfor Corporation v Mackenzie Sawmill Ltd, the British Columbia Court of Appeal dismissed an appeal from a summary trial decision ordering declaratory relief. Interfor confirms that the presence of a force majeure provision does not displace the doctrine of frustration; rather, a force majeure provision can signal whether the parties foresaw the events alleged to have frustrated the contract. Interfor also teaches that a force majeure provision that permits a party to “discontinue or curtail delivery” without liability does not permit the party to terminate its obligations permanently.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / British Columbia Court of Appeal, contract, declaratory relief, force mejeure, frustration of contract, liability Leave a Comment

By Christina Catenacci, BA, LLB, LLM, PhD | 5 Minutes Read March 17, 2023

Facebook class action goes ahead

digital discriminationOn December 22, 2022, the Quebec Court of Appeal decided to allow a class action to proceed where there was an allegation that Facebook allowed for advertisers to discriminate against Quebec users on the prohibited grounds of age, race and gender in relation to advertising for employment and housing.

Article by Christina Catenacci, BA, LLB, LLM, PhD / Business, Employee Relations, Human Rights, Information Technology / class action, Digital Advertising, digital discrimination, discrimination, employment law, facebook, facebook advertising, human rights, Job advertisement, prohibited grounds of discrimination, Quebec, Quebec Court of Appeal, targeted ads Leave a Comment

By Norman D. Marks, CPA, CRMA | 2 Minutes Read March 15, 2023

The risk is assessed as high. So what?

risk managementWhile there may be a debate whether risk should be assessed using qualitative or quantitative measures, I believe that is answering the wrong question. Knowing what the level of risk is, even whether it is an unacceptable level of risk, is insufficient information.

Article by Norman D. Marks, CPA, CRMA / Business, Finance and Accounting, Information Technology / assessing risk, business risk, internal control, risk management Leave a Comment

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