In Addison & Leyen Ltd v Fraser Milner Casgrain LLP, 2014 ABCA 230 [Addison & Leyen], the Alberta Court of Appeal ("ABCA") handed down a short but significant decision. Fraser Milner Casgrain was forced to defend an action predicated on a legal opinion drafted in 1989 by a predecessor firm. According to the plaintiffs, the […]
The decision in Quebec (Commission des normes du travail) v Asphalte Desjardins inc., 2014 SCC 51, demonstrates the Supreme Court of Canada's support for employee protection while leaving an unclear future for Quebeckers who are employed in competitive industries. The case dealt with an employee's notice of resignation and his employer's subsequent attempt to shorten the employee's remaining tenure without […]
In R v Schmidt, 2014 ONCA 188 [Schmidt], a decision released on March 11, 2014, the Ontario Court of Appeal considered the legality of a milk farmer’s scheme to sell unpasteurized milk and milk products – which can pose a serious health risk – as part of a “cow-share agreement.”
Sabina Mexis 9.2720 Normal 0 Southcott Estates Inc v Toronto Catholic District School Board, [2012] 2 SCR 675, is about an agreement to buy surplus school land for use as a housing development. The school board did not complete the transaction, and it was undeniably in breach of contract. Interestingly, at the end of a long legal […]
On February 12, 2014, the Supreme Court of Canada heard an appeal from the Alberta Court of Appeal’s decision in Bhasin v Hrynew, 2013 ABCA 98. My previous analysis of the ruling can be found here on The Court. Lawyers for the plaintiff and the defendants made their oral submissions before Chief Justice McLachlin, along […]
In Kozel v The Personal Insurance Company, 2014 ONCA 130 [Kozel], a decision released on February 19, 2014, the Ontario Court of Appeal considered the scope of relief from forfeiture pursuant to section 98 of the Courts of Justice Act, RSO 1990, c C.43 [CJA], in the context of an automobile insurance claim.
Banque de Montréal v Marcotte, 2012 QCCA 1396 [Marcotte, QCCA] is part of a trilogy of cases (Federation des Caisses Desjardins du Quebec v Marcotte, 2014 SCC 57, and Amex Bank of Canada v Adams, 2014 SCC 56) that question the banks’ role in society. All three of them will be heard at the Supreme Court of Canada ("SCC") in […]
In Western Larch Limited v Di Poce Management Limited, 2013 ONCA 722 [Western Larch], a decision released on November 29, 2013, the Ontario Court of Appeal reviewed the exercise of a shotgun buy-sell provision (a.k.a. a “shotgun clause”) in a partnership agreement. The motion judge, presiding over the Commercial List, found that the buy-sell offer […]
Normal 0 One of the fundamental principles of contract law is that damages are based on the actual loss suffered by the innocent party when there is a breach of contract. Damages restore the innocent party to the position she would have been in if the contract had been fulfilled. However, she is required to […]
Normal 0 There is a somewhat peculiar fact pattern in the case of IBM Canada Limited v Waterman, 2013 SCC 70. It led to an unusual outcome, to the benefit of the respondent-plaintiff, in which the Court expanded the boundaries of flexible damage awards. The decision also enunciates important principles regarding pension entitlements and age […]