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 exclusion clauses under the Sale of Goods Act, RSO 1990, c S1 [SGA]. While “express agreement” sufficient to oust SGA liability must include an explicit […]
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 Indigenous entities engage the honour of the Crown. Applying this test to tripartite agreements between Canada, Quebec, and the Pekuakamiulnuatsh First Nation, the Court found Quebec liable […]
The Ontario Court of Appeal (“ONCA”) has cracked down on consumer contracts.
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 of Canada (“SCC” or “the Court”) held that the exception to the general rule of settlement privilege can apply in the context of family mediation. An exception […]
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 2021 SCC 47 [Trial Lawyers]. At issue was whether an insurer is estopped from denying coverage if it was previously not aware of […]
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 […]