In 2176693 Ontario Ltd v Cora Franchise Group Inc, 2015 ONCA 152, the Ontario Court of Appeal (“ONCA”) decided whether a clause of a franchise agreement, that required a franchisee to release the franchisor from all liability upon assignment of the agreement, was void and unenforceable. The ONCA decided that the clause in question was […]
The Supreme Court of Canada’s ("SCC") decision in Potter v New Brunswick Legal Aid Services, 2015 SCC 10 [Potter], calls on employers to communicate transparently with employees, unless legitimate business reasons require otherwise. The decision arose from a claim of constructive dismissal that had been denied by both the trial and appellate courts of New […]
Van Camp v Laurentian Bank of Canada, 2015 ABCA 83 [Van Camp], is predicated on a dispute between the Laurentian Bank (“Bank”) and the Van Camps. The Bank sought recovery from the Van Camps for debts relating to conditional sales contracts. The Van Camps sought, against the Bank, money that had been withdrawn from their […]
On September 16, 2014, the Ontario Court of Appeal ("ONCA") released its decision in Rankin Construction Inc v Ontario, 2014 ONCA 636 [Rankin]. In the decision, Justice Hoy helps to clarify the law of tender by addressing non-compliant bids and the use of exculpatory clauses.
In Union Carbide Canada Inc v Bombardier Inc, [2014] 1 SCR 800 [Union Carbide], the Supreme Court of Canada (“SCC”) clarified the interaction between settlement privilege and confidentiality clauses in mediation contracts. In particular, the SCC determined that a properly drafted confidentiality clause could exclude one of the exceptions to settlement privilege.
The Supreme Court of Canada has declared a new common law duty that will affect contract law in all the common law jurisdictions of Canada. In a December ruling, Bhasin v Hrynew, 2014 SCC 71, the Court declared a new common law duty of honest performance and also recognized a general organizing principle of contractual […]
In High Tower Homes Corporation v Stevens, 2014 ONCA 911, the Court of Appeal for Ontario applied numerous contract law topics in disposing of an appeal regarding an agreement of purchase and sale in relation to two properties.
After a custom built home was found to have significant structural defects, the homeowners (“the Swifts”) sued the designer of the home (“the Architects”). This case provides clear guidance on the law of agency in the context of matrimonial relationships. As such, Swift v Tomecek Roney Little & Associates Ltd., 2014 ABCA 49, provides invaluable […]
In Tran v Kerr, 2014 ABCA 350, the Alberta Court of Appeal (“ABCA”) clarified the circumstances under which a lawyer, involved in a fraudulent real estate transaction, is liable for the losses of the ultimate purchaser, a straw buyer. In this case, Kerr was a lawyer who represented the straw buyer, Tran, in addition to other […]
On August 1, 2014, Canada’s highest court released its reasons in Sattva Capital Corp v Creston Moly Corp, 2014 SCC 53, marking an end to a series of long and protracted proceedings intended to be confined to arbitration. The highlight of the decision was the Supreme Court of Canada’s (“SCC”) limitation on the circumstances when […]