Freedom of contract

Explicit, Clear, and Direct: The ONCA Limits Freedom of Contract in Pine Valley Enterprises Inc. v Earthco Soil Mixtures Inc.

The Ontario Court of Appeal (“ONCA”) has cracked down on consumer contracts.

Arbitration and Court-Ordered Receiverships: The SCC Strikes a Delicate Balance in Peace River

For the sake of conciseness, this case comment excludes discussion of Justice Jamal’s concurring opinion. If interested, please refer to the original case for further information. Arbitration law and bankruptcy and insolvency law are often said to be at odds with one another. The former rests upon principles of party autonomy and freedom of contract, […]

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 […]

R v Schmidt: Call them “Cow-Share Agreements”... But You’re Still Just Distributing Unpasteurized Milk

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.”