My husband, the cook in our household, often speaks of the holy trinity of French cuisine – the mirepoix – a base of sautéed onions, celery and carrots that form the foundation of many French recipes. In contracts, the trinity of risk allocation is the limitation of liability, indemnity and insurance clauses. Together, this trinity […]
As a company that provides education in public procurement, this is perhaps the most common question that arises. While there are many similarities, the nuances of public legislation and free trade requirements create a procurement environment that is more regulated, demands a greater level of transparency, and requires vigilance to stay on top of the constantly […]
In the last issue of The Legal Edge, we reported on the pivotal Supreme Court of Canada decision in Bhasin v. Hrynew, 2014 SCC 71, which expanded the organizing principle of the duty of good faith to include a “duty to act honestly” in general contractual dealings. While acting honestly and making sure that you […]
As procurement professionals know, contractual discretion is a double-edged sword: it leaves you in the driver’s seat, but almost certainly will lead to challenges when that discretion is exercised to the detriment of the other party to the contract. While the Supreme Court of Canada’s decision in Bhasin v Hrynew laid out some organizing principles […]
It would be an understatement to say that the sudden onset of a pandemic has challenged supply chain and procurement organizations across the globe. Aside from securing emergency orders of critical supplies and services, many organizations have had to cope with a rapid move to online sales, planning, sourcing and managing critical contracts and projects, […]