Contracts

Association de médiation familiale du Québec v. Bouvier : SCC Finds the Exception to Settlement Privilege Applies in the Family Mediation Context

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 […]

Insurer not Estopped from Denying Coverage, SCC finds in Trial Lawyers Association v Royal and Sun Alliance Insurance Company of Canada

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 […]

6362222 Canada inc. v Prelco inc: Limitation of Liability Clause Upheld

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 […]

Corner Brook (City) v Bailey: Interpreting Releases and Drafting Contracts

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. […]

Revisiting Misleading Silence in C.M. Callow Inc v Zollinger : Did the Supreme Court Make the Right Decision?

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 […]

Expulsion from Church Membership Not Justiciable, SCC Finds in Aga

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, […]

Supreme Court discusses Good Faith in Exercising Contractual Discretion in Wastech v Greater Vancouver

Wastech Services Ltd v Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 [Wastech] is the second case in a matter of months that the Supreme Court of Canada (“SCC”) has released relating to the “general organizing principle” of good faith in contracting. The SCC has recognized four doctrines as part of good faith in […]

SCC Denies Leave to Appeal from Ontario Decision Voiding More Employment Termination Clauses

In Ontario, one invalid termination clause in an employment contract will now render all of the contract’s termination provisions void.

Contract assigned to Hydro-Québec authorizes them to collect fees from Resolute FP Canada in Resolute FP Canada v Hydro-Québec

When a contract was signed almost 100 years ago and the original parties have been amalgamated into or become new entities, who are the parties to that contract, and can they act on it? In a nutshell, this is what was at issue in Resolute FP Canada Inc v Hydro-Québec, 2020 SCC 43 [Resolute v […]

C.M. Callow Inc. v. Zollinger: Silence Results in a Breach of Contract

In the Supreme Court of Canada’s (“SCC”) recent decision, C.M. Callow Inc. v. Zollinger, 2020 SCC 45 [Callow SCC], the Court expanded their holding from Bhasin v. Hrynew, 2014 SCC 71 [Bhasin]. Bhasin clarified the principle of good faith in contract law and introduced the duty of honest performance — the requirement not to lie […]