Canadian Contract Law: Essential Updates and Practical Analysis 2023

Angela Swan, Aird & Berlis LLP
Audrey Boctor, IMK s.e.n.c.r.l./LLP
Ellen Snow, Clyde & Co LLP

Doctrines of contractual interpretation and performance continue to evolve in light of shifts to the global marketplace. These experts will provide their insights on recent and anticipated developments in contract interpretation and jurisprudence, including:

• Latest case law on the doctrine of good faith: Antoine Ponce, Bhatnagar v. Cresco Labs, and beyond
• Continuing effects of COVID‑19 on business interruption insurance coverage
• Pine Valley Enterprises and its implications for contracting out of Sale of Goods acts

Melissa Tehrani, Gowling WLG
Gabriel Stern, Fasken Martineau DuMoulin LLP

The consumer marketplace is not what it once was, with digital innovations having transformed customer browsing and buying. Governments are increasingly taking an interest in consumer protection. This panel will share practical tips you need to know for contracting with consumers today. 

• Consumer agreements in an online marketplace
• Best practices for contracting with consumers
• Effects of amendments to the Quebec Charter of the French Language and the Consumer Protection Act on consumer agreements
• Current trends and practical lessons in managing Canadian consumer protection laws

Marilyn Clarke, LXM Law
Rosslyn Young, Chief Legal Officer, LCBO
Marianne Smith, Blake, Cassels & Graydon LLP

The unique landscape of public procurement means parties need to think strategically both within and beyond the negotiation stage. This experienced panel will guide you through how to make the most of a procurement arrangement, from multiple sides of the equation.

• Strategically positioning an RFP with the final contract in mind
• Supporting clients to get the most value out of a procurement contract and holding vendors accountable commercially
• Using different methodologies and strategies for different procurement circumstances
• Strategies for managing supply chain instability and price fluctuations in procurement contracts

The Hon. Thomas A. Cromwell, Supreme Court of Canada (retired) and Borden Ladner Gervais LLP
The Hon. David M. Brown, Court of Appeal for Ontario
The Hon. Jessica Kimmel, Ontario Superior Court of Justice

This session brings together expertise from three levels of court to discuss the unique challenges of contract litigation, and perspectives on contract law today and in the future. 

Jeremy Opolsky, Torys LLP
Chantelle Cseh, Davies Ward Phillips & Vineberg LLP
Ryan MacIsaac, Senior Counsel, Uber

This panel will explore how the nuances involved in drafting standard clauses and strategic ambiguities can lead to interpretive uncertainty. Seasoned experts will discuss anticipating litigation risks and key considerations with regard to a number of boilerplate provisions, including:

• Arbitration clauses
• Jurisdiction clauses
• Non‑disclosure provisions
• Entire agreement clauses 

Lauren Fishman, MT>3
Prof. Marina Pavlović, University of Ottawa
Sam Ip, Osler, Harkin & Harcourt LLP 

Artificial intelligence is poised to transform industries and processes. Contracts are no exception. This session brings together experts from practice and academia to explore the implications of this exciting technology.

• Provisions in traditional contracts that no longer work well in the context of AI and machine learning
• Generative vs. Predictive AI for contract analysis
• Using AI in M&A transactions: drafting, negotiation, due diligence and research
• How both parties to contracting should approach emerging concepts and negotiate new clauses in a post‑AI landscape