Question 1

Can all contracts be assigned in Canada?

Accepted Answer

Generally yes, contractual rights can be assigned unless the contract contains an anti-assignment clause, the assignment would materially change the obligor's duty, or the rights are personal in nature.

Question 2

What is a legal assignment vs equitable assignment?

Accepted Answer

A legal assignment (under provincial legislation like Ontario's CLPA s.53) requires written notice to the obligor. An equitable assignment is effective without notice but gives fewer remedies.

Question 3

How does assignment work in Quebec?

Accepted Answer

Quebec uses cession de créance (CCQ art.1637-1646), which is a civil law concept. The cession must be in writing and the debtor must be notified or accept the cession for it to be effective against third parties.

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