Page 45 - CCCA Magazine Summer 2015

{ LegaL innovation }

Do More

With less.

We have assembled a team of great lawyers who augment your
in‑house legal department when you most need it. They work
when asked by the plaintiff whether his shoulder‑to‑shoulder with your staff to tackle the agreements,
company would be merged with that projects and regulatory imperatives that need attention now.
of a competitor. Counsel should care-
fully vet communications with other Three things make our group unique:
parties regarding the performance of • Flexibility – our lawyers can be engaged for a
a contract, especially communications day, week, month or just by the project.
regarding decisions to renew or termi-
nate an agreement. • Predictability – We bill by the day, half‑day
■ Be mindful: Parties should be careful or simply bid the project.
not to rely on contractual provisions
in an arbitrary or capricious manner. • Value – We work at your offce or virtually. This low
Even conduct that follows the strict overhead model translates directly to our rates.
letter of an agreement can trigger liti- If your legal department is constrained by headcount
gation if it is found to have been done restrictions, budgetary pressures or just a call to do more
in bad faith. For example, in Bhasin, with less, then we are an option you need to know
the corporate defendant followed the more about.
plain letter of the agreement in exer-
cising a non-renewal clause, but the
Court ruled the clause was exercised in
bad faith and therefore amounted to a
breach of contract. ❚

Anu Koshal is an associate in
the litigation group at McCarthy
Tétrault LLP in Toronto. His
practice focuses on complex
corporate and commercial liti-
gation and professional liability
matters. McCarthy Tétrault has
put together a Risk Manage- toll 1 (888) 568 4119
ment Tool-Kit for corporate counsel to mitigate email emailus@simplexlegal.ca
the risk of litigation arising from the decision. Web WWW.simplexlegal.ca
For more information please contact the author
at akoshal@mccarthy.ca. Services available in French and English
in Civil and Common Law.

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