Gardiner Roberts LLP

My latest blog, co-written with Lynne Westerhof and assistance of summer student Connor Cutler: https://lnkd.in/gPynywbE

This is my latest law blog. This blog reviews the decision of the Texas Court of Appeal upholding a temporary injunction preventing the City of Dallas from enforcing two by-laws related to ban and regulating the use of short-term rentals. #municipallaw #shorttermrentals #vacationrentals #injunction

In this episode of Beneath the Law, https://rb.gy/wk1lr5 Gavin Tighe and Stephen Thiele break down the infamous “Coldplay kiss cam” scandal that captivated the internet and derailed two high-profile careers. #KissCamScandal #WorkplaceEthics #CorporateConduct #Law #Legal

As in-house counsel, you may come across corporate governance matters from time to time. Please see my attached brief article on a few elements of corporate governance that may apply to your practice as in-house counsel.   To view my 1-minute reads, please go the “My Blog” tab of my profile at https://lnkd.in/gAqChBFC   If you have any topics you would like written about, suggestions are always welcome. 

As a commercial mortgage lender, when an individual signs, such as an individual guarantor, do their signatures need to be witnessed? Please see my below brief article on the concept of witnessing signatures.   To view my 1-minute reads, please go the “My Blog” tab of my profile at https://lnkd.in/gAqChBFC   If you have any topics you would like written about, suggestions are always welcome.

So excited to be back!

View my verified achievement from Association of Certified E-Discovery Specialists (ACEDS).

In Ontario (Transportation) v. J&P Leveque Bros. Haulage the Ontario Court of Appeal looked at a contract for the rehabilitation of a highway. The general conditions set out a detailed multi-step claims review process. It required those steps to be completed within two years of the date of the contract completion. The question was whether the parties were bound by the contractual two-year period. In holding that the contractual period did not apply the Court reviewed the principles for contractual interpretation. Contractual interpretation must be grounded in the text and read in light of the entire contract. The contract must be read as a whole, “giving the words used their ordinary and grammatical meaning, consistent with the surrounding circumstances known to the parties at the time of formation of the contract”. Given that the contract in this case contained standard form clauses, there were few “surrounding circumstances” bearing on the analysis. The surrounding circumstances are those relating to the overarching commercial objective. Postponing the claims review process, and any ensuing litigation, until after contract completion allowed the necessary work to be done without the distraction of outstanding or ongoing disputes. Finally, a commercial contract is to be interpreted in keeping with sound commercial principles and good business sense, so as to avoid commercial absurdity. Commercial contracts are to be construed in accordance with sound commercial principles and good business sense, objectively rather than from the perspective of one contracting party. See https://lnkd.in/gPPi7gGd

The Canadian Securities Administrators (CSA) - Autorités canadiennes en valeurs mobilières (ACVM) Staff Notice 51-366 highlights regulatory concerns around certain asset and business acquisitions, particularly those involving questionable valuations and inadequate disclosure. Michael C. DeCosimo and Kirsten Tighe discuss the key takeaways from the Notice to help issuers, advisors, and market participants understand the CSA’s expectations. Click the link to read the full article and learn what CSA Staff Notice 51-366 means for acquisitions, disclosure obligations, and valuation practices: https://rb.gy/y7tua2

Thrilled to be back at Gardiner Roberts LLP to begin my articling term!