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If only you are compensated while you maintain ownership of property and democracy, but as soon as you sell it and give it away, you will be open to an order, “does not seem to be a reasonable business outcome,” Mullins says. “The ministry could have a stroke of luck.” When developing dementia agreements, it`s important to be clear about what you`re protected for and who`s protected, Mullins adds. The majority`s finding in the Court of Appeal`s decision that more evidence is needed to determine whether Weyerhaeuser “lost” the benefit of compensation in the sale of the Dryden facility in 2007 results in a “commercially absurd result,” they argue. “It would be very difficult for a compensater to sell contaminated real estate if a buyer knows that he is responsible when he becomes the owner of the property. Depending on the Supreme Court`s decision in this case, it may be necessary for legal services to review previous agreements to determine the extent of compensation, says Michael Barbero, a lawyer at McLennan Ross LLP in Calgary, whose practice focuses on environmental legislation and compliance. Before moving into a rented property, a landlord may require the tenant to sign a indemnification clause in the rental agreement. This would protect the landlord from loss or damage that the tenant might cause to the property. The majority found that Hainey had not committed a “material and overriding error” in the interpretation of the contract and that compensation could cover direct claims depending on the language used. Issues to be resolved by the court in Resolute FP Canada Inc. et al v. Ontario could have an impact on commercial contracts that go well beyond the scope of 1985 compensation. It is also a further reminder of the importance of precision in the design of contracts. “You have to be careful to avoid boiler-plate language,” says Natalie Mullins, a partner at Gowling WLG in Toronto.

“You have to approach each topic in a very specific way,” adds Mullins, whose practice focuses on environmental litigation. The province appealed this decision, and in a 2-1 decision, the Court of Appeal confirmed that compensation applied to direct claims. However, the majority also decided that Resolute`s previous business had ceded its advantage to weyerhaeuser in 1998. .