En fait, non. Vos chances de gagner étaient de 1 sur 120 millions. Le 28 février 2012, la Cour suprême du Canada a établi un test pour la publicité trompeuse et a rendu un arrêt de principe qui devrait engendrer d’importantes discussions partout au Canada. Contexte En 1999, M. Richard reçu un avis officiel du… → Read More
Category Archives: Contracts
Subscribe to Contracts RSS FeedThe ISDA Master Agreement and Implied Terms: Text Over Context in the English Court of Appeal
Posted in Bankruptcy & Debt, Contracts, Financial ServicesShould a commercial contract be interpreted literally, or should a court adopt a non-literal interpretation if necessary to achieve a result that makes commercial sense given the context (the factual matrix) of the agreement? This issue is an enduring one in contractual interpretation, and was recently put to the test in Lomas & Ors v…. → Read More
How Momentous is This? New SCC Ruling on Forum Selection and Arbitration Clauses
Posted in Alternative Dispute Resolution, Conflict of Laws, Contracts, ProcedureIn twelve short paragraphs, the Supreme Court of Canada’s new judgment in Momentous provides helpful guidance on the question of whether a motion to dismiss on jurisdictional grounds may be brought after the delivery of a Statement of Defence. The Court also reaffirms the centrality and uniqueness of the “strong cause” test where a jurisdictional… → Read More
CONGRATULATIONS!!! YOU HAVE WON MILLIONS!!! … or not yet?
Posted in ContractsActually, not. The odds of your winning are one in 120 million. On February 28, 2012, the Supreme Court of Canada established the test for misleading advertising and rendered a landmark decision that will generate important discussions all across Canada. Background In 1999, Mr. Richard received an “Official Sweepstakes Notification” in the mail. In large,… → Read More
BCCA Addresses Tercon Test for Public Policy and Exemption Clauses
Posted in ContractsIn its well-known decision in Tercon Contractors, the Supreme Court of Canada set out a three-part test for the enforceability of contractual exemption clauses: (1) does the clause, as a matter of interpretation, apply to the dispute; (2) if so, was the clause unconscionable at the time the contract was made; and (3) if not, would enforcing the clause be contrary to… → Read More
Canadian Contractual Interpretation Law: A New Edition
Posted in ContractsCanadian Appeals Monitor is proud to announce that the second edition of Canadian Contractual Interpretation Law by Geoff Hall, one of our contributing bloggers, has just been published. The book is the only text focused on contractual interpretation under Canadian common law, and the new edition includes commentary on contractual interpretation under Quebec civil law…. → Read More
Rectification of Contracts in Québec: Another Loss for Taxation Authorities and Final Word to be Received from the Supreme Court
Posted in Contracts, TaxAs was already mentioned in the previous blog posted on October 25, 2011 by our colleague, Brandon Kain, the Supreme Court of Canada has granted leave to appeal in a case involving the rectification of contracts in Agence du revenu du Québec vs. Services environnementaux AES Inc. Recently, the Supreme Court of Canada also granted… → Read More
U.S. Supreme Court Rules on Enforceability of Arbitration Clauses
Posted in Class Actions, Contracts, Procedure, TortsIntroduction The United States Supreme Court has revisited the issue of whether a statute can override an arbitration clause in a consumer agreement. This time, at issue was the remedial legislation entitled Credit Repair Organization Act (“CROA”), which provides consumers with “the right to sue a credit repair organization” that violates the Act. Decisions Below… → Read More
In DIP Financing We Trust? Supreme Court of Canada to Hear Indalex Appeal
Posted in Bankruptcy & Debt, Contracts, Corporate LawThe Supreme Court has announced it will hear the appeal in the high profile Indalex Ltd., Re. The appeal is of great interest to the commercial litigation, insolvency and pension bar. Its outcome will be closely watched and may have dramatic impact on Canadian corporate reorganizations. Background The Indalex decision arose out of the insolvency… → Read More
U.S. Supreme Court Affirms a Policy Preference for Arbitration
Posted in Contracts, Procedure, Professions, TortsThe United States Supreme Court has allowed the appeal in KPMG LLP v. Robert Cocchi, reinforcing its policy preference for arbitrability, even in cases where some causes of action are arbitrable, while others are not. In particular, the Court stated that “[a] court may not issue a blanket refusal to compel arbitration merely on the… → Read More
Business Common Sense and the Interpretation of Commercial Contracts
Posted in ContractsWhat role does business common sense play in the interpretation of commercial contracts? This issue was recently addressed by the Supreme Court of the United Kingdom in Rainy Sky S.A. v. Kookmin Bank. The answer: “where a term of a contract is open to more than one interpretation, it is generally appropriate to adopt the… → Read More
SCC to Consider Rectification of Contracts
Posted in Contracts, TaxThe Supreme Court of Canada has granted leave to appeal in a case involving the rectification of contracts. The appeal in Services Environnementaux raises the question of whether Quebec law permits the rectification of agreements, in a manner that is retroactively enforceable against tax authorities, when their written terms diverge from the common intentions of the parties…. → Read More
OCA to Consider Contractual Termination Right Due to Tarnished Reputations
Posted in Contracts, MediaThe Ontario Court of Appeal will consider whether a party to a sponsorship agreement can terminate the agreement where the counterparty suffers a loss of public reputation. This case involved a sponsorship relationship between the Canadian Soccer Association and Hyundai Auto Canada Corporation. Hyundai agreed to be a sponsor of the Association, agreeing to pay… → Read More
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