Contract Clauses

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 […]

Singh v Trump: How ONCA Trumped Toronto Real Estate Developers Gone Wild

In 2009, fully oblivious to the housing market collapse in the United States, I thought it a good idea to get into the Toronto condo market. With down payment money borrowed from my parents, I signed an Agreement of Purchase and Sale in a development project that promised to create a whole new neighbourhood on […]