Best Efforts Condition Precedent #209

Legally Speaking

By Gerry NeelyB.A., LL.B. Whether a condition precedent falls within the “whim or fancy” or “option or offer” category of conditions, or within the category that requires purchasers to use their best efforts to satisfy the conditions, is a question judges continue to be asked. Since the cases depend upon different facts, they may appear to

Commissions Small Claims Court #208

Legally Speaking

By Gerry NeelyB.A., LL.B. The increase in the Small Claims Court jurisdiction to $10,000 has resulted in more cases of some complexity being tried in that court because the process is more information and potentially therefore, less expensive than Supreme Court. An agent claimed a commission in Small Claims Court, on the basis that the listing

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