
TheCourt.ca » Contracts
78 FOLLOWERS
Blog topics cover contract law, commercial law, employment law, business law, condominium law, wrongful dismissal, breach of contract, civil litigation, arbitration and more. TheCourt.ca is the premiere source of commentary on, and analysis of, the work of the Supreme Court of Canada.
TheCourt.ca » Contracts
2w ago
In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy which substantially limited the insured’s...
The post Can’t always get what you want: SCC to opine on the interpretation of insurance contracts in <em>Trillium Insurance Company v Emond</em> appeared first on TheCourt.ca ..read more
TheCourt.ca » Contracts
1y ago
Introduction
The two presidents of a Québec-based insurance group betrayed an atmosphere of trust with the majority shareholders. In Ponce v Société d’investissements Rhéaume ltée, 2023 SCC 25 [Ponce] the Supreme Court of Canada (“SCC”) showcased Québec’s requirement for courts to consider the spirit of contractual business relationships in deciding if a legal remedy is available. The atmosphere of trust was implied by their direct and contractual relationship, and the SCC found this enough to ground a breach of arts. 1375 and 1434 of the Civil Code of Quebec [CCQ].
Facts
Groupe Excellen ..read more
TheCourt.ca » Contracts
1y ago
The Ontario Court of Appeal (the “ONCA”) has provided fresh guidance on the applicable standard of review for a lower court’s interpretation of a standard form contract. Ontario Securities Commission v Bridging Finance Inc., 2023 ONCA 769 [Bridging] sheds light on the question of whether a standard form contract must have precedential value for an appellate court to apply a standard of correctness instead of the default standard of palpable and overriding error.
Standard Form Contracts on Appeal
In 2014, the Supreme Court of Canada (the “SCC” or the “Court”) released their landmar ..read more
TheCourt.ca » Contracts
1y ago
In Anderson v Anderson, 2023 SCC 13 [Anderson], the Supreme Court of Canada (“SCC”) clarified the approach to considering non-presumptively enforceable domestic contracts. In partially departing from the Saskatchewan Court of Appeal, the Court unanimously ruled that while the overarching principles established in Miglin v Miglin, 2003 SCC 24 [Miglin], can be used in the interpretation of informal domestic contracts, any such interpretation must be directed by the objectives and structures of the underlying statute.
Facts
Diana Anderson (“D”) and James Allan Anderson (“J”) were mar ..read more
TheCourt.ca » Contracts
3y ago
Should conversations that take place during family mediation remain confidential? In Association de médiation familiale du Quebec v. Bouvier, 2021 SCC 54 [Association de mediation] the Supreme Court of Canada (“SCC” or “the Court”) held that the exception to the general rule of settlement privilege can apply in the context of family mediation. An exception to settlement privilege may be made out where “a defendant . . . show[s] that, on balance, ‘a competing public interest outweighs the public interest in encouraging settlement’” (Union Carbide Canada Inc. v. Bombardier Inc, 2014 SCC 35 ..read more
TheCourt.ca » Contracts
3y ago
On November 18, 2021 the Supreme Court of Canada (“SCC” or “The Court”) released its decision in Trial Lawyers Association of British Columbia v Royal & Sun Alliance Insurance Company of Canada 2021 SCC 47 [Trial Lawyers]. At issue was whether an insurer is estopped from denying coverage if it was previously not aware of a breach in policy.
A majority of the SCC dismissed the appeal and held that insurance companies are not estopped —that is, prevented from doing something contrary to what they had promised, such as denying coverage—if they had no prior knowledge of the breach of pol ..read more
TheCourt.ca » Contracts
3y ago
In the unanimous decision 6362222 Canada inc. v Prelco inc., 2021 SCC 39 [Createch v Prelco], the Supreme Court of Canada (“SCC” or “the Court”) held that Québec law permits contracting parties engaging in a freely negotiated non-consumer contract to limit or exclude their liability.
Facts of the Case
6362222 Canada inc. (“Createch”) is a consulting firm specialized in performance improvement and the implementation of integrated management systems. Prelco inc. (“Prelco”) is a manufacturing company that makes and transforms flat glass. Prelco asked Createch for advice about its com ..read more
TheCourt.ca » Contracts
3y ago
Justice Rowe of the Supreme Court of Canada (“SCC”) stated that Corner Brook (City) v Bailey, 2021 SCC 29 [Corner Brook] is about “the proper approach to interpreting the scope of a release” (Corner Brook, para 1). In a unanimous decision, the SCC determined that the general principles of contract law in Sattva Capital Corp. v Creston Moly Corp., 2014 SCC 53 [Sattva] have overtaken the Blackmore Rule, and that there is no special interpretive rule that applies to releases. In addition, the SCC provided valuable guidance for drafting effective contracts.
Facts of the Case
On March 3, 200 ..read more
TheCourt.ca » Contracts
3y ago
In 2020, the Supreme Court of Canada expanded the common law doctrine of good faith established in Bhasin v Hrynew, 2014 SCC 71 [Bhasin], by holding that misleading silence can breach the duty to perform one’s contractual obligations honestly. An account of C.M. Callow Inc v Zollinger, 2020 SCC 15 [Callow] was previously reported on by TheCourt.ca. However, this commentary will explore how the applicability of the concept of “misleading silence” from Callow has numerous issues.
Facts of the Case
Baycrest, a group comprising of ten condomin ..read more
TheCourt.ca » Contracts
3y ago
On May 28, 2021, the Supreme Court of Canada (“SCC”) released a unanimous decision in the case of Ethiopian Orthodox Tewahedo Church of Canada St. Mary’s Cathedral v Aga, 2020 SCC 22 [Aga], which revolved around whether expulsion from a church could be reviewed by a court. Overturning the Ontario Court of Appeal (“ONCA”)’s decision, the SCC found that church membership in this context did not create an enforceable contract, so the courts did not have jurisdiction to intervene in the church’s decision.
Background Information
The respondents in Aga were former members of the Ethiopian Ort ..read more