contract interpretation
SCC Denies Leave to Appeal from Ontario Decision Voiding More Employment Termination Clauses
In Ontario, one invalid termination clause in an employment contract will now render all of the contract’s termination provisions void.
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 […]
Styles v Alberta Investment Management Corporation : Understanding and Clarifying Bhasin
The case of Styles v Alberta Investment Management Corporation, 2017 ABCA 1, [Styles], began with the termination of the respondent without cause. The question in this case was: what sort of compensation is the respondent entitled to under his employment contract? At first glance, this case may seem like it falls squarely in the realm […]
Ledcor Construction: The First and Large Exception to Sattva
Canadians routinely open bank accounts, take out loans, sign insurance, and wireless agreements. To facilitate these daily processes, companies often use standard form contracts. You do not need legal training to realize that such contracts are “take it or leave it” prepositions. However, for a business such as a construction company signing an insurance policy, […]
Bhasin and Beyond: Ontario Court of Appeal Dismisses Contracts Appeal in High Tower v Stevens
In High Tower Homes Corporation v Stevens, 2014 ONCA 911, the Court of Appeal for Ontario applied numerous contract law topics in disposing of an appeal regarding an agreement of purchase and sale in relation to two properties.
Appeal Watch: Bhasin v Hrynew Submissions Before the SCC
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 […]
The SCC’s decision Payette v. Guay and the Potential Implications for Bhasin v. Hrynew
In my previous post here on The Court, I discussed the upcoming appeal of Bhasin v. Hrynew, 2013 ABCA 98, and how the Supreme Court of Canada has an opportunity to clarify whether contractual interpretation should be guided primarily by the intention of the contracting parties at the time the agreement was made (the intentionalist […]
Appeal Watch: SCC likely to clarify contractual interpretation and good faith in Bhasin v. Hrynew
On August 22, 2013, the Supreme Court of Canada agreed to hear an appeal from the Alberta Court of Appeal’s decision in Bhasin v. Hrynew, 2013 ABCA 98. The SCC’s granting of leave in Bhasin signals the Court’s eagerness to determine a longstanding legal debate about the judicial interpretation of contracts and the duty to […]