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Category Archives: Contracts

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Enforceability of Browse Wrap Agreements

Posted in Contracts, Internet

In a blog post earlier this year, Matt Wanford discussed the significance of the decision of the British Columbia Supreme Court in the Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 (“Century 21”) for the contractual enforceability of the “terms of service” of websites when these terms of service are structured… Continue Reading

IT Projects – Steps to Avoid Project Failure

Posted in Contracts

The recent cancellation of a significant public sector IT initiative in Ontario highlighted how frequently IT projects result in delay, cost overruns and generally unsatisfactory results. The reported percentage of unsatisfactory project outcomes vary widely (ranging from approximately 30% to as high as 60%). (For a survey of various reports on the percentages see: “Why… Continue Reading

Cloud Computing: Some Practical Suggestions for Resolving Issues – Part 2 of 2

Posted in Cloud Computing, Contracts

In Part I of this series we outlined some of the practical approaches to consider at the outset of a cloud arrangement. In this Part II we set out below 10 practical solutions to alleviate some structural, regulatory and contractual issues: Exploring practical options with the cloud provider may be one approach to consider, rather… Continue Reading

Cloud Computing: Some Practical Suggestions for Resolving Issues – Part 1 of 2

Posted in Cloud Computing, Contracts

When dealing with cloud agreements there are a number of steps that business customers of cloud solutions should consider when entering into cloud arrangements. Following some of the 10 approaches outlined below, and some of the practical solutions in the next blog in this series, should make it a simpler and hopefully more cost efficient… Continue Reading

Early Stage Companies and Commercial Contracting

Posted in Contracts

On June 22, 2012, I gave a presentation on commercial contracting for early stage companies to The Next 36, an innovative mentorship program for young business leaders. The Next 36 allows talented undergraduates to form innovative businesses with the help of mentors, sponsors and instruction. Presenting to the students gave me an opportunity to share… Continue Reading

Contracting for Agile Software Development: Part 2 of 2

Posted in Contracts

Part 1 of this series  discussed the inherent challenges of contracting for software development using a methodology known as agile software development (ASD). Some ASD proponents openly question the need for contracts altogether, but principles must meet reality in the business world. Accordingly, Part 2 of this series examines ways to leverage ASD to your… Continue Reading

Contracting for Agile Software Development: Part 1 of 2

Posted in Contracts, Software

The principles of software development known as “agile software development” (ASD) have become increasingly popular in recent years. According to a 2010 Forrester survey, ASD is rapidly gaining favour with IT professionals as their preferred development approach because it enables software development based on continuous cycles of short iterations, which developers view as more liberating,… Continue Reading

Contract Enforceability: Century 21 Case Comment (Part 2 of 2)

Posted in Contracts, Copyright

In Part One of this blog post series, we considered the Century 21 case and, in particular, the enforceability of Internet browse wrap agreements.  In this final blog post we consider the second notable issue of data scraping (building specialized databases combining information from the Internet by indexing publically accessible websites) and copyright infringement. On this… Continue Reading

Contracting by Email: Druet v. Girouard

Posted in Contracts

On April 26, 2012, the New Brunswick Court of Appeal released its decision in Druet v. Girouard . The case deals with formation of contract by email, and once again illustrates that traditional common law principles govern the online world. It also illustrates how discussions about contract terms through email and other forms of online… Continue Reading

Contract Enforceability: Century 21 Case Comment (Part 1 of 2)

Posted in Contracts, Copyright, Internet

We had cause recently to consider the decision by the British Columbia Supreme Court in Century 21 Canada Limited Partnership v. Rogers Communications Inc., 2011 BCSC 1196 (“Century 21”). The Century 21 case is notable for the court’s analysis of two particularly important issues for e-commerce in Canada: whether shrink-wrap, web wrap (browse wrap) and… Continue Reading