Purposive and contextual interpretation that achieves the original meaning Disputes over the meaning of contracts most often arise in one of three circumstances. The first is when an event has occurred that the contracting parties did not foresee or provide for at the time of contracting. The second is when there was (subjectively) no meeting… → Read More
Monthly Archives: January 2013
This Week at the SCC (25/01/2013)
Posted in This Week at the SCCCases Heard The Supreme Court of Canada heard arguments this week in two cases of interest to Canadian businesses and professions, and reserved judgment in each. The first is an appeal from Guay Inc. c. Payette, 2011 QCCA 2282, in which the Quebec Court of Appeal held that restrictive covenants which precluded the appellant from… → Read More
UK Supreme Court Declines to Recognize Legal Advice Privilege for Accountants
Posted in Case Comments, Procedure, TaxIn a watershed ruling that is sure to have implications throughout Canada, the UK Supreme Court has held that legal advice (or “solicitor-client”) privilege does not attach to communications between accountants or other non-legal professionals and their clients. The decision in Prudential holds this to be the case even where the communications involve legal advice which the… → Read More
This Week at the SCC (18/01/2013)
Posted in This Week at the SCCCases Heard The Supreme Court of Canada heard arguments this week in two cases of interest to Canadian businesses and professions, and reserved judgment in each. The first is an appeal from Newfoundland (Workplace Health, Safety and Compensation Commission) v. Ryan Estate, 2011 NLCA 42. It involves whether s. 6 of the federal Maritime Liability… → Read More
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