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 […]
In 2020, the Supreme Court of Canada expanded the common law doctrine of good faith established in Bhasin v Hrynew, 2014 SCC 71 [Bhasin], by holding that misleading silence can breach the duty to perform one's contractual obligations honestly. An account of C.M. Callow Inc v Zollinger, 2020 SCC 15 [Callow] was previously reported on by TheCourt.ca. However, this commentary will explore how […]
A dismissed employee is entitled to a bonus that vests during their notice period, absent clear contractual language to the contrary.
Lafortune v Financière agricole du Québec, 2016 SCC 35, is a recent decision by the Supreme Court of Canada directly impacting Québec’s farming industry. The decision affirms La Financière Agricole du Québec’s (“La Financière”) administration of a farm income program known as the Programme d’assurance stabilisation des revenus agricoles (“ASRA Program”), concluding that such program […]
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 […]
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 […]
