Explicit, Clear, and Direct: The ONCA Limits Freedom of Contract in Pine...
The Ontario Court of Appeal (“ONCA”) has cracked down on consumer contracts. In Pine Valley Enterprises Inc. v Earthco Soil Mixtures Inc., 2022 ONCA 265 [Pine Valley], the ONCA affirmed that there is...
View ArticleEnforcing Informal Domestic Contracts: Anderson v Anderson
In Anderson v Anderson, 2023 SCC 13 [Anderson], the Supreme Court of Canada (“SCC”) clarified the approach to considering non-presumptively enforceable domestic contracts. In partially departing from...
View ArticleVanishing Horizons: Standard Form Contracts on Appeal in Bridging
The Ontario Court of Appeal (the “ONCA”) has provided fresh guidance on the applicable standard of review for a lower court’s interpretation of a standard form contract. Ontario Securities Commission...
View ArticlePonce: When an atmosphere of trust is betrayed
Introduction The two presidents of a Québec-based insurance group betrayed an atmosphere of trust with the majority shareholders. In Ponce v Société d’investissements Rhéaume ltée, 2023 SCC 25 [Ponce]...
View Article6362222 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...
View ArticleInsurer not Estopped from Denying Coverage, SCC finds in Trial Lawyers...
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...
View ArticleAssociation de médiation familiale du Québec v. Bouvier : SCC Finds the...
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...
View ArticleCan't always get what you want: SCC to consider interpretation of insurance...
In Trillium Mutual Insurance Company v Emond, 2023 ONCA 729 [Trillium], the Court of Appeal for Ontario (“ONCA”) upheld a term in an insurance policy which substantially limited the insured's recovery...
View ArticleContracts and Reconciliatory Justice: Quebec v Pekuakamiulnuatsh Takuhikan
In Quebec (Attorney General) v Pekuakamiulnuatsh Takuhikan, 2024 SCC 39 [PT], the Supreme Court of Canada (“SCC” or the “Court”) developed a test to determine when contracts between the state and...
View ArticleIntentions Matter: Excluding Liability for Statutorily Implied Conditions in...
In Earthco Soil Mixtures Inc v Pine Valley Enterprises Inc, 2024 SCC 20 [Earthco], the Supreme Court of Canada (“SCC”) affirmed that common law principles of contractual interpretation apply to...
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